UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


SUPPLEMENT 

WITHDRAWN 

b  *••*»»»• 

PAGE'S  CALIFOEIIA  STKEET  LAWS 

CONTAINING 

ADDITIONAL  STATUTES  AND  CHARTER 

PROVISIONS  ADOPTED  BY  THE 

LEGISLATURE  OF  1911 

T*     ^  £\  S  -1  T\ 


SAN  FRANCISCO 

BANCROFT-WHITNEY  COMPANY 
1911 


SUPPLEMENT 


TO 


PAGE'S  CALIFOBNIA  STKEET  LAWS 

CONTAINING 

ADDITIONAL  STATUTES  AND  CHARTER 

PROVISIONS  ADOPTED  BY  THE 

LEGISLATURE  OF  1911 


SAN  FEANCISCO 

BANCROFT-WHITNEY  COMPANY 
1911 


CONTENTS. 


I.  Text  of  General  Statutes,  p.  3. 

1.  Bond  Act  of  1911,  p.  3. 

2.  City  Boundary  Improvement  Act,  p.  9. 

3.  Act  Relating  to  Opening  Streets  Through  Cemeteries, 

p.  24. 

II.  Text  of  Charter  Provisions,  p.  25. 

1.  Los  Angeles,  p.  25. 

2.  Palo  Alto,  p.  25. 

3.  Petaluma,  p.  25. 

4.  Pomona,  p.  26. 

5.  Santa  Barbara,  p.  27. 

6.  Santa  Cruz,  p.  27. 

7.  Vallejo,  p.  27. 

(1) 


735546 


I.  TEXT  OF  GENERAL  STATUTES. 

1.  Bond  Act  of  1911,  p.  3. 

2.  City  Boundary  Improvement  Act,  p.  9. 

3.  Act  Belating  to  Opening  Streets  Through  Cemeteries,  p.  24. 

1.    Bond  Act  of  1911. 

An  act  providing  for  the  issuance  of  improvement  bonds  to  represent  cer- 
tain special  assessments  for  public  improvements,  and  providing  for 
the  effect  and  enforcement  of  such  bonds. 

[Approved  April  27,  1911.     Stats.  1911,  p.  1192.] 

§  1.  The  expression  "street  opening  act  of  1903"  as  herein  used  shall 
mean  the  act  entitled  "An  act  to  provide  for  the  laying  out,  opening, 
extending,  widening,  or  straightening  in  whole  or  in  part,  of  public  streets, 
squares,  lanes,  alleys,  courts,  and  places,  within  municipalities,  for  the  con- 
demnation of  property  necessary  or  convenient  for  such  purposes,  and  for 
the  establishment  of  assessment  districts  and  the  assessment  of  property 
therein  to  pay  the  expenses  of  such  improvement,"  approved  March  24,  1903 
(Stats.  1903,  page  376)  and  acts  amendatory  thereto. 

The  expression  "park  act"  as  herein  used  shall  mean  the  act  entitled 
"An  act  to  provide  for  the  acquisition  by  municipalities  of  land  for  public 
park  or  playground  purposes  by  condemnation,  and  for  the  establishment  of 
assessment  districts  and  the  assessment  of  property  therein  to  pay  the 
expense  of  acquiring  such  land,"  approved  April  22,  1909  (Stats.  1909,  p. 
1066). 

The  expression  "street  improvement  act  of  1909"  as  herein  used  shall 
mean  the  act  entitled  "An  act  to  provide  for  the  improvement  of  public 
streets,  lanes,  alleys,  courts  and  places  in  municipalities,  in  cases  where 
any  damage  to  private  property  would  result  from  such  improvement,  and 
for  the  assessment  of  the  costs,  damages  and  expenses  thereof  upon  the 
property  benefited  thereby,"  approved  April  21,  1909  (Stats.  1909,  page 
1042). 

The  expression  "improvement  bond"  as  herein  used  shall  mean  a  bond 
issued  under  the  provisions  of  this  act. 

The  terms  "assessment"  or  "assessment-roll"  as  herein  used  shall  mean 
a  special  assessment  made  under  the  provisions  of  any  of  the  acts  herein 
in  this  section  specified. 

The  term  "delinquency"  as  herein  used  shall  mean  delinquency  in  the 
payment  of  an  assessment  made  under  the  provisions  of  the  acts  herein 
in  this  section  specified  and  the  expression  "time  of  delinquency"  shall 
mean  the  time  in  said  acts  fixed  when  assessments  become  delinquent. 

The  expression  "city  council"  as  herein  used  shall  mean  the  legislative 
body  of  the  municipality. 

§  2.  The  city  council  of  any  municipal  corporation  of  this  state  may, 
in  its  discretion,  at  or  before  the  time  of  the  confirmation  of  any  assess- 
ment or  assessment-roll  in  proceedings  had  and  taken  under  the  street 
opening  act  of  1903,  the  park  act  or  the  street  improvement  act  of  11)09, 

(3) 


4  CALIFORNIA   STREET   LAWS. 

determine  that  improvement  bonds  may  issue  to  represent  such  assessments, 
which  determination  shall  be  made  by  resolution  or  ordinance. 

§  3.  Whenever  it  is  determined  as  provided  in  section  2  hereof  that 
improvement  bonds  may  be  issued  to  represent  assessments,  the  owner  of 
any  lot  or  parcel  of  land  against  which  an  assessment  has  been  made, 
when  the  amount  of  such  assessment  is  fifty  ($50)  dollars  or  over,  may 
at  any  time  prior  to  delinquency,  elect  to  pay  such  assessment  in  install- 
ments and  to  have  an  improvement  bond  issued  against  such  lot,  in  the 
form  and  manner  and  with  the  effect  in  this  act;  provided  there  be  no 
other  bond  or  bonds  outstanding  against  said  lot  representing  any  special 
assessment. 

§  4.  Such  election  shall  be  made  by  such  owner  or  his  agent  thereunto 
duly  authorized  in  writing  filed  with  the  superintendent  of  streets  or  if 
said  assessment  is  in  the  custody  of  the  city  tax  collector  with  such  tax 
collector,  an  affidavit  made  before  a  competent  officer  that  he  or  his 
principal,  as  the  case  may  be,  is  the  owner  of  the  lot  or  parcel  of  land  in 
question,  which  aflidavit  must  be  accompanied  by  a  certificate  of  a  searcher 
of  records,  that  he  or  his  principal  is  such  owner  and  also  by  filing  with 
such  officer  a  written  agreement  upon  the  form  hereinafter  fixed,  waiving 
all  objections  of  whatsoever  kind  or  nature  against  the  assessment  and 
all  proceedings  thereto  and  undertaking  to  pay  the  amount  of  such  assess- 
ment in  either  five  or  ten  annual  installments,  each  of  which  shall  be  due 
on  the  first  day  of  July  of  each  year,  and  the  first  of  which  shall  be  due 
on  the  first  day  of  July  next  following  the  date  of  such  bond,  with  interest 
on  all  deferred  payments  at  the  rate  of  seven  per  cent  per  annum,  payable 
at  the  same  time  as  the  installments  of  principal.  Said  agreement  shall 
contain  a  provision  to  the  effect  that  in  case  of  default  in  the  payment  of 
any  installment  of  the  principal  provided  for  therein,  or  interest  accrued 
on  deferred  payments,  at  the  time  called  for  by  said  agreement,  then, 
and  in  that  event,  the  entire  remaining  unpaid  installments  shall  become 
immediately  due  and  payable,  and  that  the  same,  and  all  liens  and  agree- 
ments which  are  security  therefor,  may  be  collected  and  enforced  as  in 
this  act  provided.  Said  agreement  shall  be  in  the  following  or  substan- 
tially the  following  form  (filling  blanks) : 

The  undersigned,  being  the  owner  of  the  lot  assessed  in  the  assessment 

for  said  lot  being  assessed  therein  for  the  sum  of  ($ ) 

dollars,  does  hereby  expressly  waive  and  release  all  objections  of  what- 
soever kind  or  nature  against  the  said  assessment  and  all  proceedings 
prior  thereto  and  in  consideration  of  the  benefit  of  said  improvement  and 
of  the  extension  of  time  for  paying  therefor  herein  requested,  do  under- 
take and  agree  to  pay  the  amount  of  said  assessment,  to  wit:  the  sum 

of  ($ )  dollars  in  yearly  installments,  at  the  time,  in  the 

manner,  and  with  the  interest,  specified  and  provided  in  (title  of  act), 

and  do  request  and  elect  to  have  a  bond  issued  against  said  lot  in  the 
manner  and  form  and  with  the  effect  provided  in  said  act,  and  do  ex- 
pressly agree  that  in  the  case  of  default  in  the  payment  of  any  installment 
of  the  principal  provided  for  in  said  bond,  or  interest  accrued  on  deferred 
payments,  then,  and  in  that  event,  that  the  entire  remaining  unpaid  in- 
stallments shall  become  immediately  due  and  payable,  and  that  the  same, 
and  all  liens  and  agreements  which  are  security  therefor,  may  be  collected, 
and  enforced  as  in  this  act  provided. 


SUPPLEMENT.  5 

Upon  an  election  being  effected  as  herein  provided  the  superintendent 
of  streets  or  other  officer  having  in  his  custody  said  assessment  shall  make 
a  note  thereof  in  his  records  opposite  the  assessment  as  to  which  such 
election  is  made.  All  agreements  and  affidavits  made  and  filed  hereuuder 
shall  be  bound  in  a  substantial  book  and  kept  among  the  records  of  the 
superintendent  of  streets,  or  other  officer  having  custody  of  such  assess^ 
ments.  At  the  time  of  delinquency,  such  officer  shall  advise,  in  writing,  the 
city  treasurer  respecting  the  assessments  as  to  which  the  owners  have 
elected  to  pay  in  installments.  The  city  treasurer  shall  thereupon  prepare 
a  separate  bond  representing  each  assessment  as  to  which  such  right  of 
election  has  been  exercised,  running  for  either  five  (5)  or  ten  (10')  years, 
as  specified  in  the  agreement  made  as  herein  provided,  which  bond  shall 
be  in  the  following  or  substantially  the  following  form  (filling  blanks) : 

Improvement  Bond. 

Series  . 

$ .  No.  . 

Under   and  by  virtue   of   and   pursuant   to   the   provisions  of  (title 

of  act),  I,  out  of  the  fund  for  the  above  designated  improvement  bonds, 

series   will    pay   to    bearer   the    sum    of    ($ )    dollars   with 

interest   at  the  rate  of  seven    (7)    per   cent   per   annum,   as  is   hereinafter 

specified,   at   the  office   of   the   city   treasurer   of   the   city   of  ,    state   of 

California.     This   bond   is   issued   to    represent   an   assessment   for   in 

the  city  of  as   the   same   is  more   fully   described   in   the   assessment 

therefor.     Its   amount   is  the   amount   assessed  in   said   assessment   against 

the  lot  numbered  therein   and  in  the   diagram  attached   thereto,  and 

which  now  remains  unpaid;  but  until  paid,  with  accrued  interest,  is  a 
first  lien  upon  the  property  affected  thereby,  as  the  same  is  described 
herein  and  in  said  recorded  assessment  with  its  diagram,  to  wit:  the  lot 

or  parcel  of  land  in  the  city  of  ,  county  of  ,  state  of  California, 

described  as  follows: 


and  it  is  issued  in  accordance  with  the  written  request  therefor  on  file 
in  the  office  of  the  of  said  city. 

This  bond  is  payable  exclusively  from  said  fund,  and  neither  the  city 

of  nor  any  officer  thereof  is  to  be  holden  otherwise  for  its  principal 

or  interest.  The  term  of  this  bond  is  years  from  July  first,  19 , 

and  at  the  expiration  of  said  time  the  whole  sum  then  unpaid  shall  be 
due  and  payable;  but  on  the  first  day  of  July  of  each  year,  after  the  date 
hereof,  an  even  annual  proportion  of  its  principal  is  due  and  payable  upon 
presentation  of  the  coupon  therefor,  until  the  whole  is  paid,  with  accrued 
interest  at  the  rate  of  seven  (7)  per  cent  per  annum. 

The  interest  is  payable  annually  on  the  first  day  of  July  in  each  year 
hereafter  upon  presentation  of  the  coupons  therefor,  the  first  of  which  is 

for  the  interest  from  date  to  the  first  day  of  July,  19 ,  and  thereafter 

the  interest  coupons  are  for  the  annual  interest. 

Should  default  be  made  in  the  first,  or  any  succeeding  payment  of  the 
principal,  or  in  any  payment  of  interest,  by  the  owner  of  said  lot,  or 
anyone  in  his  behalf,  the  holder  of  this  bond  is  entitled  to  declare  the 
whole  unpaid  amount  to  be  due  and  payable,  and  shall  thereupon  have  a 
right  to  collect  the  same  and  to  enforce  all  liens  and  agreements  which 
are  security  therefor  as  in  said  act  provided. 


6  CALIFORNIA   STREET   LAWS. 

At  said  city  of  ,   this  day  of  ,  in   the  year  one  thousand 

nine  hundred  and  . 

y 

City  Treasurer  of  the  City  of . 

Said  bonds  shall  be  payable  to  the  bearer  and  no  mistake  or  error  in 
the  description  in  the  bond  of  the  lot  assessed  shall  affect  the  validity  or 
lien  of  the  bond,  unless  the  mistake  or  error  is  such  that  the  lot  cannot 
be  identified,  and  in  such  event  the  holder  of  such  bond  may  have  the  same 
corrected  upon  application  to  the  city  treasurer  and  the  officers  or  board 
who  or  which  made  the  assessment  to  represent  which  such  bond  is  issued. 

§  5.  The  city  treasurer  shall  enter  in  a  book  kept  for  that  purpose  in 
his  office,  a  record  of  each  bond  issued  hereunder,  specifying  the  date  of 
its  issue,  the  amount  for  which  issued,  to  whom  delivered,  its  duration 
and  a  description  of  the  lot  against  which  issued.  Payments  of  principal 
and  interest  on  account  of  any  bond  issued  hereunder  shall  be  made  to 
the  city  treasurer,  who  shall  keep  a  separate  account  of  all  such  payments 
(entering  the  same  in  the  record  herein  required  to  be  kept),  and  place 
the  same  in  appropriate  funds  for  the  payment  of  principal  and  interest 
of  the  bonds  on  account  of  which  paid,  and  who  shall,  upon  the  surrender 
of  the  coupons  attached  to  said  bond,  pay  to  the  holder  thereof,  or  his  order, 
the  amount  called  for  by  said  coupons  out  of  the  funds  in  his  possession 
applicable  thereto. 

§  6.  Improvement  bonds  issued  hereunder  shall  by  their  issuance  be 
conclusive  evidence  of  the  regularity  and  validity  of  all  proceedings  thereto. 
The  amount  due  upon  any  such  bond  shall  be  a  lien  upon  the  lot  described 
in  such  bond  superior  to  all  other  liens,  charges,  and  encumbrances  except 
the  liens  of  prior  assessments  and  of  municipal,  state  and  county  taxes. 

§  7.  Improvement  bonds  or  any  number  of  such  bonds,  issued  here- 
under, except  as  otherwise  provided  in  section  9  hereof,  shall  be  sold  to 
the  highest  cash  bidder,  after  advertisement  for  bids,  which  advertisement 
shall  be  published  for  at  least  three  times  in  a  daily  newspaper  published 
and  circulated  in  said  city,  or  if  there  be  no  such  daily  newspaper,  then 
such  advertisement  shall  be  published  once  in  a  weekly  or  semi-weekly 
newspaper  so  published  and  circulated;  provided,  however,  that  said  bonds 
shall  not  be  sold  for  less  than  par.  If  any  bond  be  sold  for  an  amount 
in  excess  of  par  such  excess  shall  be  paid  into  the  general  fund  of  the  city. 

§  8.  The  proceeds  of  the  sale  of  such  improvement  bonds  shall  be  paid 
into  the  fund  of  the  proceeding  to  represent  assessments  in  which  said 
bonds  were  issued. 

§  9.  It  shall  be  competent  for  the  city  to  advance  to  the  appropriate 
fund  the  par  value  of  all  or  any  part  of  said  bonds,  in  which  case  said 
city  shall  have  the  same  rights  in  respect  to  the  enforcement  and  col- 
lection thereof  as  other  purchasers.  Where  the  city  advances  money  as 
in  this  section  provided  it  shall  have  full  authority  at  any  time  to  sell 
said  bonds  to  reimburse  itself  therefor. 

§  10.  Whenever,  through  the  default  of  the  owner  of  any  lot  or  parcel 
of  land  upon  which  such  bond  is  issued  to  represent  the  assessment,  pay- 
ment, either  of  the  principal,  or  of  the  interest,  is  not  made  when  the 
same  has  become  due,  and  the  holder  of  the  bond  thereupon  demands,  in 


SUPPLEMENT.  7 

writing,  that  the  city  treasurer  proceed  to  advertise  and  sell  said  lot  or 
parcel  of  land  as  herein  provided,  then  the  whole  bond  or  its  unpaid 
remainder,  with  its  accrued  interest,  as  expressed  in  said  bond,  shall 
become  due  and  payable  immediately,  and  on  the  day  following  shall  be- 
come delinquent. 

§  11.  Upon  the  application  of  the  holder  of  any  bond  that  is  now  or 
shall  hereafter  become  delinquent  as  hereinbefore  provided,  the  said  city 
treasurer  shall  publish  twice  in  a  newspaper  of  general  circulation,  to  be 
designated  by  him,  published  in  the  city  where  his  office  is  situated,  a 
notice  which  must  contain  the  date,  number,  and  series  of  the  delinquent 
bond,  a  description  of  the  property  mentioned  in  said  bond,  and  the  name 
of  the  owner  of  such  property  (if  known),  and  if  unknown,  the  fact 
shall  be  so  stated,  the  amount  due  thereon,  and  a  statement  that  unless 
the  amount  of  said  bond  and  the  interest  due  thereon,  together  with  the 
cost  of  publication  of  such  notice  are  paid,  the  real  property  described 
in  said  bond  will  be  sold  at  public  auction  on  a  day  to  be  therein  fixed, 
which  shall  not  be  less  than  fifteen  nor  more  than  thirty  days  from  the 
day  of  the  first  publication  of  said  notice,  and  the  place  of  such  sale, 
which  must  be  the  office  of  the  said  city  treasurer.  A  like  notice  shall 
not  less  than  fifteen  days  before  the  day  of  sale  so  fixed  be  served  upon 
any  such  owner  if  known  either  personally  or  by  depositing  the  same  in 
the  postoffice  at  such  city  addressed  to  such  owner  at  his  address  if  known 
with  the  postage  thereon  prepaid. 

At  any  time  prior  to  the  sale,  the  owner  or  person  in  possession  of  any 
real  estate  offered  for  sale  under  the  provisions  of  this  act  may  pay 
the  whole  amount  of  said  bond  then  due,  with  costs,  and  such  bond 
shall  thereupon  be  canceled;  but  in  case  such  payment  is  not  made  by 
such  owner  or  person  in  possession,  or  by  someone  in  behalf  of  such 
owner,  or  person  in  possession,  the  property  subject  thereto  shall  be  sold 
at  public  auction  to  the  bidder  offering  to  pay  the  amount  due  on  the 
bond  with  costs  for  the  least  portion  of  such  lot  or  parcel  of  land  offered 
for  sale. 

§  12.  The  city  treasurer,  before  the  day  of  sale  hereinafter  provided 
for,  must  file  with  the  city  clerk  a  copy  of  the  publication,  with  an  affi- 
davit of  the  publisher  of  such  newspaper,  or  someone  in  his  behalf,  attached 
thereto,  that  it  is  a  true  copy  of  the  same;  that  the  publication  was  made 
in  a  newspaper,  stating  its  name  and  place  of  publication  and  the  date 
of  each  appearance  in  which  such  publication  was  made — which  affidavit 
is  prima  facie  evidence  of  all  the  facts  stated  therein. 

§  13.  The  city  treasurer  must  collect,  in  addition  to  the  amount  due 
on  such  bond,  .the  cost  of  the  publication  of  such  notice,  and  fifty  cents 
for  the  certificate  of  sale  delivered  to  the  purchaser  as  hereinafter  pro- 
vided. 

§  14.  The  city  treasurer,  before  delivering  any  certificate  of  sale  must, 
in  a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  number 
and  series  of  the  bond,  a  description  of  the  land  sold  corresponding  with 
the  description  in  the  certificate,  the  date  of  sale,  purchaser's  name,  the 
amount  paid,  regularly  number  the  descriptions  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book  must 
be  open  to  public  inspection  during  office  hours  when  not  in  actual  use, 


8  CALIFORNIA   STREET   LAWS. 

and  he  shall  enter  on  the  record  of  the  bond  the  words  "canceled  by  sale 
of  the  property,"  giving  the  date  of  such  sale. 

§  15.  Immediately  on  the  sale,  the  purchaser  shall  become  vested  with 
a  lien  on  the  property,  BO  sold  to  him,  to  .the  extent  of  his  bid,  and  is 
only  divested  of  such  lien  by  the  payment  to  the  city  treasurer  of  the 
purchase  money,  including  costs  herein  provided  for,  with  interest  thereon 
at  the  rate  of  one  per  cent  per  month  from  the  date  of  sale. 

§  16.  A  redemption  of  the  property  sold  may  be  made  by  the  owner 
of  the  property,  or  any  party  in  interest,  within  twelve  months  from. 
the  date  of  purchase,  or  at  any  time  prior  to  the  application  for  a  deed, 
as-  hereinafter  provided.  Redemption  must  be  made  in  lawful  money  of 
the  United  States,  and  when  made  to  the  city  treasurer  he  must  credit 
the  amount  paid  to  the  person  named  in  his  certificate,  and  pay  it  on 
demand  to  him  or  his  assignees. 

§  17.  On  receiving  the  certificate  of  sale,  the  recorder  must  file  it,  and 
make  an  entry  in  a  book  similar  to  that  required  of  the  city  treasurer, 
the  fee  for  which  shall  be  fifty  cents,  and  on  presentation  of  the  receipt 
of  the  city  treasurer  for  the  total  amount  of  the  redemption  money,  the 
recorder  must,  without  charge,  mark  the  word  "Redeemed,"  the  date,  and 
by  whom  redeemed,  on  the  margin  of  the  book  where  the  entry  of  the 
certificate  is  made. 

§  18.  If  the  property  is  not  redeemed  within  the  time  allowed  by  the 
provisions  of  section  16  hereof  for  its  redemption,  the  city  treasurer,  or 
his  successor  in  office,  upon  application  of  the  purchaser,  or  his  assignee, 
must  make  to  said  purchaser,  or  his  assignee,  a  deed  to  the  property, 
reciting  in  the  deed,  substantially,  the  matter  contained  in  the  certificate 
and  that  no  person  has  redeemed  the  property  during  the  time  allowed 
for  its  redemption;  the  treasurer  shall  be  entitled  to  receive  from  the 
purchaser  two  dollars  for  making  said  deed,  which  shall  be  deposited  in 
the  city  treasury  for  the  use  of  the  city  after  payment  has  been  made 
therefrom  for  the  acknowledgment  of  said  deed;  provided,  however,  that 
the  purchaser  of  the  property,  or  his  assignee,  or  agent,  must,  thirty  days- 
prior  to  the  expiration  of  the  time  of  the  redemption,  or  thirty  days  before 
his  application  for  a  deed,  serve  upon  the  owner  or  agent  of  the  property 
purchased,  if  named  in  such  certificate  of  sale,  and  upon  the  party  occupy- 
ing the  property,  if  the  property  is  occupied,  a  written  notice,  stating  that 
said  property,  or  a  portion  thereof,  has  been  sold  to  satisfy  the  bond 
lien,  the  date  of  sale,  the  date,  number,  and  series  of  the  bond,  the  amount 
then  due,  and  the  time  when  the  right  of  redemption  will  expire,  or  when 
the  purchaser  will  apply  for  a  deed,  and  the  owner  of  the  property  shall 
have  the  right  of  redemption  indefinitely,  until  such  notice  shall  have 
been  given  and  said  deed  applied  for,  upon  the  payment  of  the  fees,  pen- 
alties, and  costs  in  this  act  required.  In  case  of  unoccupied  property,  a 
similar  notice  must  be  posted  in  a  conspicuous  place  upon  the  property 
at  least  thirty  days  before  the  purchaser  applies  for  a  deed;  and  no 
deed  to  the  property  sold,  in  accordance  with  the  provisions  of  this  act, 
shall  be  issued  by  the  city  treasurer  to  the  purchaser  of  such  property, 
until  such  purchaser  shall  have  filed  with  such  treasurer  an  affidavit  show- 
ing that  the  notice  hereinbefore  required  to  be  given  has  been  given  as 
herein  required,  which  said  affidavit  shall  be  filed  and  preserved  by  the 


SUPPLEMENT.  9 

Baid  treasurer  as  other  records  kept  by  him  in  his  office.  Such  purchaser 
shall  be  entitled  to  receive  the  sum  of  fifty  cents  for  his  service  of  such 
notice  and  the  making  of  such  affidavit,  which  sum  of  fifty  cents  shall 
be  paid  by  the  redemptioner  at  the  time  and  in  the  same  manner  as  the 
other  sums,  costs  and  fees  are  paid. 

§  19.  The  deed,  when  duly  -acknowledged  or  proved,  shall  be  conclusive 
evidence  of  all  things  which  the  bond  upon  which  it  is  based  is  conclusive 
evidence,  and  prima  facie  evidence  of  the  regularity  of  all  proceedings 
subsequent  to  the  issue  of  the  bond,  and  conveys  to  the  grantee  the 
absolute  title  to  the  lands  described  therein,  free  of  all  encumbrances, 
except  the  lien  for  state,  county,  and  municipal  taxes. 

In  several  respects,  this  act  is  similar  to  the  bond  provisions  of  the  Local  Improve- 
ment Act  of  1901.  As  to  election  and  waiver,  see  pp.  503-506. 

As  to  effect  of  conclusive  evidence  clause,  see  pp.  381-385,  469,  495—496. 

As  to  priority  of  lien,  s«e  pp.  27,  28,  229-231,  385,  386,  498,  556. 

As  to  sale  for  delinquency,  see  index,  title  "Sale  for  Delinquency." 

As  to  certificate  of  sale,  see  index,  title  "Certificate  of  Sale." 

As  to  notice  of  application  for  deed,  see  pp.  394,  395,  472-474,  561,  634-636,  696- 
698. 

For  a  discussion  of  the  Street  Improvement  Act  of  1909,  see  pp.  661—701. 

For  a  discussion  of  the  Street  Opening  Act  of  1903,  see  pp.  535-566. 


2.    City  Boundary  Improvement  Act. 

An  act  to  provide  for  work  upon  streets,  avenues,  lanes,  alleys,  courts  and 
places  forming  the  exterior  boundaries  of  any  municipality,  whether 
partly,  or  wholly,  within  or  without  said  boundaries,  and  providing  for 
the  construction  of  sewers,  drains  and  sidewalks  thereon  and  in  con- 
nection therewith. 

[Approved  April  21,  1911.     Stats.  1911,  p.  1018.] 

§  1.  All  streets,  avenues,  lanes,  alleys,  courts,  or  places  forming  the 
exterior  boundaries  of  any  municipality  of  this  state,  whether  partly,  or 
wholly,  within  or  without  said  boundaries,  now  open  or  dedicated,  or  which 
may  hereafter  be  opened  or  dedicated  to  public  use,  shall  be  deemed  and 
held  to  be  open  public  streets,  avenues,  lanes,  alleys,  places  or  courts 
for  the  purposes  of  this  act,  and  the  city  council  of  each  municipality,  and 
the  board  of  supervisors  of  the  county  in  which  said  municipality  is 
located,  are  hereby  empowered  to  establish  and  change  the  grades  of  said 
streets,  lanes,  alleys,  avenues,  places  or  courts,  and  fix  the  width  thereof, 
and  are  hereby  invested  with  jurisdiction  to  order  to  be  done  thereon  any 
of  the  work  mentioned  in  section  2  of  this  act,  under  the  proceedings 
hereinafter  described. 

§  2.  Whenever  the  public  interest  or  convenience  may  require,  said 
council  and  said  board  of  supervisors  are  hereby  authorized  and  empowered 
to  order  the  whole,  or  any  portion,  either  in  length  or  width,  of  any  streets, 
avenues,  lanes,  alleys,  places  or  courts  fo'rming  the  exterior  boundaries 
of  any  municipality,  whether  partly,  or  wholly,  within  or  without  said 
boundaries,  graded  or  regraded  to  the  official  grade,  planked  or  replanked, 
paved  or  repaved,  macadamized  or  remacadamized,  graveled  or  regraveled, 
piled  or  repiled,  capped  or  recapped,  oiled  or  reoiled,  sewered  or  resewered, 


10  CALIFORNIA   STREET   LAWS. 

and  to  order  sidewalks,  manholes,  culverts,  bridges,  cesspools,  gutters, 
tunnels,  curbings  and  crosswalks  to  be  constructed  therein,  and  to  order 
storm  water  ditches,  channels,  breakwaters,  levees  or  walls  of  rock  or 
other  material  to  protect  the  same  from  overflow  or  injury,  and  to  order 
any  other  work  to  be  done,  which  shall  be  necessary  to  complete  the 
whole,  or  any  portion  of  said  streets,  avenues,  lanes,  alleys,  courts,  places 
or  sidewalks,  and  they  may  order  any  of  said  work  to  be  improved;  and 
also  to  order  a  sewer  or  sewers  with  outlets  for  drainage  or  sanitary 
purposes,  in,  over,  or  through  any  right  of  way  granted  or  obtained  for 
such  purposes. 

§  3.  The  council  of  each  municipality,  and  the  board  of  supervisors  of 
the  county  in  which  said  municipality  is  located,  shall  have  concurrent 
jurisdiction  of  all  proceedings  under  this -act,  and  the  council,  or  board, 
passing  the  resolution  of  intention  hereinafter  provided  for  shall  thereafter 
have  exclusive  jurisdiction  of  all  work  and  proceedings  covered  by  said 
resolution,  except  as  herein  otherwise  provided. 

§  4.  Before  ordering  any  work  done,  or  improvement  made,  which  is 
authorized  by  section  2  of  this  act,  the  said  council,  or  the  said  board 
of  supervisors,  shall  pass  a  resolution  of  intention  so  to  do  and  describing 
the  work,  which  shall  be  posted  conspicuously  for  two  days  on  or  near 
the  chamber  door  of  said  council,  or  board,  and  published  by  two  insertions 
in  one  or  more  daily,  semi-weekly,  or  weekly  newspapers  published  and 
circulated  in  said  municipality,  and  designated  by  said  council,  or  board, 
for  that  purpose.  The  street  superintendent  of  said  municipality,  when 
the  resolution  is  passed  by  said  council,  or  the  county  surveyor,  when  the 
resolution  is  passed  by  said  board,  shall  thereupon  cause  to  be  conspicu- 
ously posted  along  the  line  of  said  contemplated  work  or  improvement, 
at  not  more  than  one  hundred  feet  in  distance  apart,  but  not  less  than 
three  in  all,  or  when  the  work  to  be  done  is  only  upon  an  entire  crossing, 
or  any  part  thereof,  in  front  of  each  quarter  block  and  irregular  block 
liable  to  be  assessed,  notices  of  the  passage  of  said  resolution.  Said  notice 
shall  be  headed  "notice  of  street  work,"  in  letters  of  not  less  than  one 
inch  in  length,  and  shall,  in  legible  characters,  state  the  fact  of  the 
passage  of  the  resolution,  its  date,  and  briefly  the  work  or  improvement 
proposed,  and  refer  to  the  resolution  for  further  particulars.  He  shall  also 
cause  a  notice,  similar  in  substance,  to  be  published  for  six  days  in  one 
or  more  daily  newspapers  published  and  circulated  in  said  municipality, 
and  designated  by  said  council,  or  board,  or  in  municipalities  where  there 
is  no  daily  newspaper,  by  one  insertion  in  a  semi-weekly  or  weekly  news- 
paper so  published,  circulated  and  designated.  In  case  there  is  no  such 
paper  published  in  said  municipality,  said  notice  shall  be  posted  for  six 
days  on  or  near  the  chamber  door  of  said  council,  or  board,  and  in  two 
other  conspicuous  places  in  said  municipality.  The  owners  of  a  majority 
of  the  frontage  of  the  property  fronting  on  said  proposed  work  or  improve- 
ment, where  the  same  is  for  one  block  or  more,  may  make  a  written 
objection  to  the  same  within  ten  days  after  the  expiration  of  the  time 
of  the  publication  and  posting  of  said  notice,  which  objection  shall  be 
delivered  to  the  clerk  of  the  council,  or  board,  who  shall  indorse  thereon 
the  date  of  its  reception  by  him.  Said  council,  or  board  shall,  at  its  next 
meeting,  fix  a  time  for  hearing  said  objections  not  less  than  one  week 
thereafter.  The  clerk  of  said  council,  or  board,  shall  thereupon  notify  the 


SUPPLEMENT.  11 

persons  making  such  objections,  by  depositing  a  notice  of  the  time  and 
place  fixed  for  the  hearing  of  said  objections  in  the  postoffice  of  said 
municipality,  postage  prepaid,  addressed  to  each  objector,  or  his  agent, 
when  he  appears  for  such  objector.  At  the  time  specified  said  council,  or 
board,  shall  hear  the  objections  urged,  and  pass  upon  the  same,  and  its 
decision  thereon  shall  be  final  and  conclusive.  At  the  expiration  of  twenty 
days  after  the  expiration  of  the  time  of  said  publication  of  said  notice 
given  by  said  street  superintendent,  or  county  surveyor,  and  at  the  ex- 
piration of  twenty-five  days  after  the  advertising  and  posting,  as  afore- 
said, of  any  resolution  of  intention,  if  no  written  objection  to  the  work 
therein  described  has  been  delivered,  as  aforesaid,  by  the  owners  of  the 
majority  of  the  frontage  of  the  property  fronting  on  said  proposed  work 
or  improvement  or  if  any  written  objection  has  been  overruled  by  the 
said  council,  or  board,  the  said  council,  or  board,  shall  be  deemed  to  have 
acquired  jurisdiction  to  order  any  of  the  work  to  be  done,  or  improvement 
to  be  made,  which  is  authorized  by  this  act;  which  order  or  resolution, 
when  made,  shall  be  published  for  two  days,  the  same  as  provided  for  the 
publication  of  the  resolution  of  intention.  Before  passing  any  resolution 
for  the  construction  of  said  improvements,  plans  and  specifications  and 
careful  estimates  of  the  costs  and  expenses  thereof  shall  be  furnished  to 
said  council,  or  board,  if  required,  by  the  city  engineer  of  said  munici- 
pality, or  the  county  surveyor,  and  for  the  work  of  constructing  sewers, 
specifications  shall  always  be  furnished  by  him.  Whenever  the  contem- 
plated work  of  improvement,  in  the  opinion  of  the  council,  or  board,  is 
of  more  than  local  or  ordinary  public  benefit,  or  whenever,  according  to 
estimate  to  be  furnished  by  the  city  engineer,  or  county  surveyor,  the 
total  estimated  costs  and  expenses  thereof  would  exceed  one-half  of  the 
total  assessed  value  of  the  lots  and  lands  assessed,  if  assessed  upon  the 
lots  or  land  fronting  upon  said  proposed  work  or  improvement,  according 
to  the  valuation  fixed  by  the  last  assessment-roll  whereon  it  was  assessed 
for  taxes  for  county  purposes,  and  allowing  a  reasonable  depth  from  such 
frontage  for  lots  or  lands  assessed  in  bulk,  the  council,  or  board,  may 
make  the  expense  of  such  work  or  improvement  chargeable  upon  a  dis- 
trict, which  the  said  council,  or  board,  shall,  in  its  resolution  of  intention, 
declare  to  be  the  district  benefited  by  said  work  or  improvement,  and  to 
be  assessed  to  pay  the  costs  and  expenses  thereof.  Objections  to  the  extent 
of  the  district  of  lands  to  be  affected  or  benefited  by  said  work  or  improve- 
ment, and  to  be  assessed  to  pay  the  costs  and  expenses  thereof,  may  be 
made  by  interested  parties  in  writing,  within  ten  days  after  the  expiration 
of  the  time  of  publication  of  the  notice  of  the  passage  of  the  resolution 
of  intention.  The  council,  or  board,  shall,  at  its  next  meeting,  fix  a  time 
for  hearing  said  objections  not  less  than  one  week  thereafter.  The  clerk 
thereof  shall  thereupon  notify  the  persons  making  such  objections  by 
depositing  a  notice  thereof  in  the  postoffice  of  said  municipality,  postage 
prepaid,  addressed  to  each  objector.  At  the  time  specified  the  council, 
or  board,  shall  hear  the  objections  urged,  and  pass  upon  the  same,  and 
its  decision  shall  be  final  and  conclusive.  If  the  objections  are  sustained, 
all  proceedings  shall  be  stopped;  but  proceedings  may  be  immediately 
again  commenced  by  giving  the  notice  of  intention  to  do  the  said  work 
or  make  said  improvements.  If  the  objections  are  overruled  by  the  coun- 
cil, or  board,  the  proceedings  shall  continue  the  same  as  if  such  objections 
had  not  been  made. 


12  CALIFORNIA   STREET   LAWS. 

§  5.  The  owners  of  a  majority  in  frontage  of  lots  and  lands  fronting 
on  any  street,  avenue,  lane,  alley,  place  or  court,  or  of  lots  or  lands 
liable  to  be  assessed  for  the  expense  of  the  work  petitioned  to  be  done, 
or  their  duly  authorized  agents,  may  petition  the  council,  or  board,  to 
order  any  of  the  work  mentioned  in  this  act  to  be  done,  and  the  council, 
or  board,  may  order  the  work  mentioned  in  said  petition  to  be  done,  after 
notice  of  its  intention  so  to  do  has  been  posted  and  published  as  pro- 
vided in  section  4  of  this  act. 

§  6.  Before  the  awarding  of  any  contract  by  the  council,  or  board, 
for  doing  any  work  authorized  by  this  act,  the  council,  or  board,  shall 
cause  notice,  with  specifications,  to  be  posted  conspicuously  for  five  days 
on  or  near  the  council,  or  board,  chamber  door,  inviting  sealed  proposals 
or  bids  for  doing  the  work  ordered,  and  shall  also  cause  notice  of  said 
work,  inviting  said  proposal,  and  referring  to  the  specifications  posted  or 
on  file,  to  be  published  for  two  days  in  a  daily,  semi-weekly,  or  weekly 
newspaper  published  and  circulated  in  said  municipality,  designated  by  the 
council,  or  board,  for  that  purpose,  and  in  case  there  is  no  newspaper 
published  in  said  municipality,  then  it  shall  only  be  posted  as  hereinbefore 
provided.  All  proposals  or  bids  offered  shall  be  accompanied  by  a  check 
payable  to  the  order  of  the  mayor  of  the  municipality,  or  president  of  the 
board  of  supervisors,  certified  by  a  responsible  bank,  for  an  amount  which 
shall  not  be  less  than  ten  per  cent  of  the  aggregate  of  the  proposal,  or 
by  a  bond  for  the  said  amount  and  so  payable,  signed  by  the  bidder  and 
by  two  sureties,  who  shall  justify,  before  any  officer  competent  to  admin- 
ister an  oath,  in  double  the  said  amount,  over  and  above  all  statutory 
exemptions.  Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of 
said  council,  or  board,  and  said  council,  or  board,  shall,  in  open  session, 
examine  and  publicly  declare  the  same;  provided,  however,  that  no  proposal 
or  bid  shall  be  considered  unless  accompanied  by  said  check  or  bond  sat- 
isfactory to  the  council,  or  board.  The  council,  or  board,  may  reject  any 
and  all  proposals  or  bids  should  it  deem  this  for  the  public  good,  and  also 
the  bid  of  any  party  who  has  been  delinquent  and  unfaithful  in  any 
former  contract  with  the  municipality  or  county,  and  shall  reject  all 
proposals  or  bids  other  than  the  lowest  regular  proposal  or  bid  of  any 
responsible  bidder,  and  may  award  the  contract  for  said  work  or  improve- 
ment to  the  lowest  responsible  bidder  at  the  prices  named  in  his  bid.  If 
not  approved  by  the  council,  or  board,  without  further  proceedings,  the 
council,  or  board,  may  readvertise  for  proposals  or  bids  for  the  perform- 
ance of  the  work  as  in  the  first  instance,  and  thereafter  proceed  in  the 
manner  in  this  section  provided,  and  shall  thereupon  return  to  the  proper 
parties  the  respective  checks  and  bonds  corresponding  to  the  bid  so  re- 
jected. But  the  checks  accompanying  such  accepted  proposals  or  bids 
shall  be  held  by  the  clerk  of  said  council,  or  board,  until  the  contract 
for  doing  said  work,  as  hereinafter  provided,  has  been  entered  into,  either 
by  said  lowest  bidder  or  by  the  owners  of  three-fourths  part  of  the 
frontage,  whereupon  said  certified  check  shall  be  returned  to  said  bidder. 
But  if  said  bidder  fails,  neglects  or  refuses  to  enter  into  the  contract 
to  perform  said  work  or  improvement,  as  hereinafter  provided,  then  the 
certified  check  accompanying  his  bid  and  the  amount  therein  mentioned, 
shall  be  declared  to  be  forfeited  to  said  municipality,  or  county,  and  shall 
be  collected  by  it  and  paid  into  its  fund  for  repairs  of  streets,  avenues, 
lanes,  alleys,  courts  and  places  herein  mentioned,  and  any  bond  forfeited 


SUPPLEMENT.  13 

may  be  prosecuted,  and  the  amount  due  thereon  collected  and  paid  into 
said  fund.  Notice  of  such  awards  of  contracts  shall  be  posted  for  five 
days,  in  the  same  manner  as  hereinbefore  provided  for  the  posting  of  pro- 
posals for  said  work,  and  shall  be  published  for  two  days  in  a  daily 
newspaper  published  and  circulated  in  said  municipality  and  designated 
by  said  council,  or  board,  or  in  municipalities  where  there  is  no  daily 
newspaper,  by  one  insertion  in  a  semi-weekly  or  weekly  newspaper  so 
published,  circulated  and  designated;  provided,  however,  that  in  case  there 
is  no  newspaper  printed  or  published  in  any  such  municipality,  then  such 
notice  of  award  shall  only  be  kept  posted  as  hereinbefore  provided.  The 
owners  of  three-fourths  of  the  frontage  of  lots  and  lands  upon  the  street 
whereon  said  work  is  to  be  done,  or  their  agents,  and  who  shall  make  oath 
that  they  are  such  owners  or  agents,  shall  not  be  required  to  present  sealed 
proposals  or  bids,  but  may,  within  ten  days  after  the  first  posting  and  pub- 
lication of  said  notice  of  said  award,  elect  to  take  said  work  and  enter 
into  a  written  contract  to  do  the  whole  work  at  the  price  at  which  the 
same  has  been  awarded.  Should  the  said  owners  fail  to  elect  to  take  said 
work,  and  to  enter  into  a  written  contract  therefor  within  ten  days,  or  to 
commence  the  work  within  fifteen  days  after  the  first  posting  and  publica- 
tion of  said  award,  and  to  prosecute  the  same  with  diligence  to  completion, 
it  shall  be  the  duty  of  the  superintendent  of  streets,  or  county  surveyor, 
to  enter  into  a  contract  with  the  original  bidder  to  whom  the  contract  was 
awarded,  and  at  the  prices  specified  in  his  bid.  But  if  such  original  bidder 
neglects,  fails  or  refuses,  for  fifteen  days  after  the  first  posting  and  pub- 
lication of  the  notice  of  award,  to  enter  into  the  contract,  then  the  council, 
or  board,  without  further  proceedings,  shall  again  advertise  for  proposals' 
or  bids,  as  in  the  first  instance,  and  award  the  contract  for  said  work  to 
the  then  lowest  regular  bidder.  The  bids  of  all  persons  and  the  election  of 
all  owners,  as  aforesaid,  who  have  failed  to  enter  into  the  contract  as  herein 
provided,  shall  be  rejected  in  any  bidding  or  election  subsequent  to  the  first 
for  the  same  work.  If  the  owner,  or  contractor,  who  may  have  taken  any 
contract,  does  not  complete  the  same  within  the  time  limited  in  the  con- 
tract, or  within  such  further  time  as  the  council,  or  board,  may  give  them, 
the  superintendent  of  streets,  or  county  surveyor,  shall  report  such  delin- 
quency to  the  council,  or  board,  which  may  relet  the  unfinished  portion  of 
said  work,  after  pursuing  the  formalities  prescribed  hereinbefore  for  the 
letting  of  the  whole  in  the  first  instance.  All  contractors,  contracting 
owners  included,  shall,  at  the  time  of  executing  any  contract  for  street 
work,  execute  a  bond  to  the  satisfaction  and  approval  of  the  superintendent 
of  streets,  or  county  surveyor,  with  two  or  more  sureties  and  payable  to 
such  municipality,  or  county,  in  such  sums  as  the  council,  or  board,  shall 
deem  adequate,  conditioned  for  the  faithful  performance  of  the  contract; 
and  the  sureties  shall  justify  before  any  person  competent  to  administer 
an  oath,  in  double  the  amount  mentioned  in  said  bond,  over  and  above  all 
statutory  exemptions.  Before  being  entitled  to  a  contract,  the  bidder  to 
whom  the  award  was  made,  or  the  owners  who  have  elected  to  take  the 
contract,  must  advance  to  the  superintendent  of  streets,  or  county  sur- 
veyor, for  payment  by  him,  the  cost  of  publication  of  'the  notices,  resolu- 
tions, orders,  or  other  incidental  expenses  and  matters  required  under  the 
proceedings  prescribed  in  this  act,  and  such  other  notices  as  may  be  deemed 
requisite  by  the  council,  or  board.  And  in  case  the  work  is  abandoned 
by  the  council,  or  board,  before  the  letting  of  the  contract,  the  incidental 


14  CALIFORNIA   STREET   LAWS. 

expenses  incurred  previous  to  such  abandonment  shall  be  paid  out  of  the 
treasury  of  the  municipality,  or  county. 

§  7.  The  superintendent  of  streets,  or  county  surveyor,  is  hereby  author- 
ized, in  his  official  capacity,  to  make  all  written  contracts,  and  receive  all 
bonds  authorized  by  this  act,  and  to  do  any  other  act,  either  express  or 
implied,  that  pertains  to  the  street  department  under  this  act;  and  he  shall 
fix  the  time  for  the  commencement,  which  shall  not  be  more  than  fifteen 
days  from  the  date  of  the  contract,  and  for  the  completion  of  the  work 
under  all  contracts  entered  into  by  him,  which  work  shall  be  prosecuted 
with  diligence  from  day  to  day  thereafter  to  completion,  and  he  may  extend 
the  time  so  fixed  from  time  to  time,  under  the  direction  of  the  council,  or 
board.  The  work  provided  for  in  section  2  of  this  act  must,  in  all  cases, 
be  done  under  the  direction  and  to  the  satisfaction  of  the  superintendent 
of  streets,  or  county  surveyor,  and  the  materials  used  shall  comply  with  the 
specifications  and  be  to  the  satisfaction  of  said  superintendent  of  streets, 
or  county  surveyor,  and  all  contracts  made  therefor  must  contain  a  provi- 
sion to  that  effect,  and  also  express  notice  that,  in  no  case,  except  where 
it  is  otherwise  provided  in  this  act,  will  the  municipality,  or  county,  or  any 
officer  thereof,  be  liable  for  any  portion  of  the  expense,  nor  for  any  delin- 
quency of  persons  or  property  assessed.  The  council,  or  board,  may,  by 
ordinance,  prescribe  general  rules  directing  the  superintendent  of  streets, 
or  county  surveyor  and  the  contractor,  as  to  the  materials  to  be  used,  and 
the  mode  of  executing  the  work,  under  all  contracts  thereafter  made.  The 
assessment  and  apportionment  of  the  expenses  of  all  such  work  or  improve- 
ment shall  be  made  by  the  superintendent  of  streets,  or  county  surveyor,  in 
the  mode  herein  provided. 

§  8.  Every  contractor,  person,  company,  or  corporation,  including  con- 
tracting owners,  to  whom  is  awarded  any  contract  for  street  work  under 
this  act,  shall,  before  executing  the  said  contract,  file  with  the  superin- 
tendent of  streets,  or  county  surveyor,  a  good  and  sufficient  bond,  approved 
by  him,  in  a  sum  not  less  than  one-half  of  the  total  amount  payable  accord- 
ing to  the  terms  of  said  contract,  such  bond  shall  be  made  to  inure  to  the 
benefit  of  any  and  all  persons,  companies,  or  corporations  who  perform  labor 
on,  or  furnish  materials  to  be  used  in  the  said  work  of  improvement,  and 
shall  provide  that  if  the  contractor,  person,  company,  or  corporation  to 
whom  said  contract  was  awarded  fails  to  pay  for  any  materials  so  furnished 
for  the  said  work  of  improvement,  or  for  any  work  or  labor  done  thereon 
of  any  kind,  that  the  sureties  will  pay  the  same,  to  an  amount  not  exceed- 
ing the  sum  specified  in  said  bond.  Any  materialmen,  person,  company  or 
corporation,  furnishing  materials  to  be  used  in  the  performance  of  said 
work  specified  in  said  contract,  or  who  performed  work  or  labor  upon  the 
said  improvement,  whose  claim  has  not  been  paid  by  the  said  contractor, 
company,  or  corporation,  to  whom  the  said  contract  was  awarded,  may, 
within  thirty  days  from  the  time  said  improvement  is  completed,  file  with 
the  superintendent  of  streets  or  county  surveyor,  a  verified  statement  of 
his  or  its  claim,  together  with  a  statement  that  the  same,  or  some  part 
thereof,  has  not  been  paid.  At  any  time  within  ninety  days  after  the  filing 
of  such  claim,  the  person,  company,  or  corporation,  filing  the  same  or  their 
assigns  may  commence  an  action  on  said  bond  for  the  recovery  of  the  amount 
due  on  said  claim,  together  with  the  costs  incurred  in  said  action,  and  a 
reasonable  attorney  fee,  to  be  fixed  by  the  court,  for  the  prosecution  thereof. 


SUPPLEMENT.  15 

§  9.  Sub.  1.  The  expenses  incurred  for  any  work  authorized  by  this 
act  (which  expense  shall  not  include  the  cost  of  any  work  done  in  such  por- 
tion of  any  street  as  is  required  by  law  to  be  kept  in  order  or  repair  by 
any  person  or  company  having  railroad  tracks  thereon,  nor  include  work 
which  shall  have  been  declared  in  the  resolution  of  intention  to  be  assessed 
on  a  district  benefited)  shall  be  assessed  upon  the  lots  and  lands  fronting 
thereon,  except  as  hereinafter  specifically  provided;  each  lot  or  portion  of 
a  lot  being  separately  assessed,  in  proportion  to  the  frontage,  at  a  rate  per 
front  foot  sufficient  to  cover  the  total  expense  of  the  work. 

Sub.  2.  The  expense  of  all  improvements,  until  the  streets,  avenues, 
street  crossings,  lanes,  alleys,  places,  or  courts,  are  finally  accepted,  as  pro- 
vided in  section  18  of  this  act  shall  be  assessed  upon  the  lots  and  lands, 
as  provided  in  this  section,  according  to  the  nature  and  character  of  the 
work.  And  after  such  acceptance  the  expense  of  all  work  thereafter  done 
on  the  portion  thereof  lying  within  the  municipality  shall  be  paid  by  said 
municipality  out  of  the  street  department  fund,  and  all  work  thereafter 
done  on  the  portion  thereof  lying  without  the  boundaries  of  the  munici- 
pality shall  be  paid  by  said  county  out  of  the  general  road  fund,  and  if 
at  any  time  thereafter  the  portion  -thereof  lying  without  the  boundaries  of 
the  said  municipality  shall  be  included  within  its  boundaries,  then  the  ex- 
pense of  all  work  thereafter  done  thereon  shall  be  paid  by  said  munici- 
pality out  of  the  said  street  department  fund. 

Sub.  3.  The  expense  of  the  work  done  on  main  street  crossings  shall  be 
assessed  at  a  uniform  rate  per  front  foot  of  the  quarter  blocks  and  irregular 
blocks  adjoining  and  cornering  upon  the  crossings,  and  separately  upon  the 
whole  of  each  lot  or  portion  of  a  lot  having  any  frontage  in  the  said  blocks 
fronting  on  said  main  streets,  halfway  to  the  next  main  street  crossing,  and 
three  hundred  feet  on  blocks  where  no  such  crossing  intervenes  within  six 
hundred  feet  of  such  street  crossing,  but  only  according  to  its  frontage  in 
said  quarter  blocks  and  irregular  blocks. 

Sub.  4.  Where  a  main  street  terminates  in  another  main  street,  the  ex- 
penses of  the  work  done  on  one-half  of  the  width  of  the  street  opposite 
the  termination  shall  be  assessed  upon  the  lots  in  each  of  the  two  quarter 
blocks  adjoining  and  cornering  on  the  same,  according  to  the  frontage  of 
such  lots  on  said  main  street;  provided,  that  lots  and  lands  more  than  three 
hundred  feet  from  such  termination  on  such  cross  street  shall  not  be  as- 
sessed for  any  portion  of  such  expense  at  such  termination,  and  the  expense 
of  the  other  half  of  the  width  of  said  street  upon  the  lot  or  lots  fronting 
on  the  latter  half  of  the  street  at  such  termination. 

Sub.  5.  Where  an  alley  or  subdivision  street  crosses  a  main  street,  the 
expense  of  all  work  done  on  said  crossing  shall  be  assessed  on  all  lots  or 
portions  of  lots  halfway  on  said  alley  or  subdivision  street  to  the  next 
crossing  or  intersection,  or  to  the  end  of  such  alley  or  subdivision  street, 
if  it  does  not  meet  another. 

Sub.  6.  The  expense  of  work  done  on  alley  or  subdivision  street  cross- 
ings shall  be  assessed  upon  the  lots  fronting  upon  such  alley  or  subdivision 
streets  on  each  side  thereof,  in  all  directions,  halfway  to  the  next  street, 
place  or  court,  on  either  side,  respectively,  or  to  the  end  of  such  alley  or 
subdivision  street,  if  it  does  not  meet  another;  provided  that  lots  and  lands 
more  than  three  hundred  feet  from  such  crossing  on  such  alley  or  subdi- 
vision street  shall  not  be  assessed  therefor. 

Sub.  7.  Where  a  subdivision  street,  avenue,  lane,  alley,  place,  or  court 
terminates  in  another  street,  avenue,  lane,  alley,  place  or  court,  the  expense 


16  CALIFORNIA   STREET   LAWS. 

of  the  work  done  on  one-half  of  the  width  of  the  subdivision  street,  avenue, 
lane,  alley,  place,  or  court  opposite  the  termination,  shall  be  assessed  upon 
the  lot  or  lots  fronting  on  such  subdivision  street,  or  avenue,  lane,  alley, 
place,  or  court  so  terminating,  according  to  its  frontage  thereon,  halfway 
on  each  side  respectively  to  the  next  street,  avenue,  lane,  alley,  court,  or 
place,  or  to  the  end  of  such  street,  avenue,  lane,  alley,  place,  or  court,  if  it 
does  not  meet  another;  provided,  that  lots  and  lands  located  .more  than  three 
hundred  feet  from  such  termination  on  such  subdivision  street  shall  not  be 
assessed  therefor,  and  the  other  one-half  of  the  width  upon  the  lots  front- 
ing such  termination. 

Sub.  8.  Where  any  work  mentioned  in  this  act  (manholes,  cesspools, 
culverts,  crosswalks,  piling,  and  capping  excepted)  is  done  on  either  or  both 
sides  of  the  center  line  of  any  street  for  one  block  or  less,  and  further 
work  opposite  to  the  work  of  the  same  class  already  done  is  ordered  to  be 
done  to  complete  the  unimproved  portion  of  said  street,  the  assessment  to 
cover  the  total  expenses  of  said  work  so  ordered  shall  be  made  upon  the 
lots,  or  portions  of  the  lots  only  fronting  the  portions  of  the  work  so 
ordered. 

Sub.  9.  Section  1  of  chapter  325  of  the  laws  of  this  state,  entitled  "An. 
act  amendatory  of  and  supplementary  to  an  act  to  provide  revenue  for  the 
support  of  the  government  of  this  state,  approved  April  twenty-ninth, 
eighteen  hundred  and  fifty-seven,"  approved  April  nineteenth,  eighteen  hun- 
dred and  fifty-nine,  shall  not  be  applicable  to  the  provisions  of  this  section; 
but  the  property  herein  mentioned  shall  be  subject  to  the  provisions  of  this 
act,  and  be  assessed  for  work  done  under  the  provisions  of  this  section. 

Sub.  10.  The  council,  or  board,  may  include  in  one  resolution  of  inten- 
tion and  order  any  of  the  different  kinds  of  work  mentioned  in  this  act, 
and  it  may  except  therefrom  any  of  said  work  already  done  upon  the  street 
to  the  official  grade.  The  lots  and  portions  of  lots  fronting  upon  said  ex- 
cepted work  already  done  shall  not  be  included  in  the  frontage  assessment 
for  the  class  of  work  from  which  the  exception  is  made. 

Sub.  11.  Whenever  the  resolution  of  intention  declares  that  the  costs 
and  expenses  of  the  work  and  improvement  are  to  be  assessed  upon  a  dis- 
trict, the  council,  or  board,  shall  direct  the  city  engineer,  or  county  sur- 
veyor, to  make  a  diagram  of  the  property  affected  or  benefited  by  the  pro- 
posed work  or  improvement,  as  described  in  the  resolution  of  intention,  and 
to  be  assessed  to  pay  the  expenses  thereof.  Such  diagram  shall  show  each 
separate  lot,  piece  or  parcel  of  land,  the  area  in  square  feet  of  each  of  such 
lots,  pieces,  or  parcels  of  land,  and  the  relative  location  of  the  same  to 
the  work  proposed  to  be  done,  all  within  the  limits  of  the  assessment  dis- 
trict; and  when  said  diagram  shall  have  been  approved  by  the  council,  or 
board,  the  clerk  shall,  at  the  time  of  such  approval,  certify  the  fact  and 
date  thereof.  Immediately  thereafter  the  said  diagram  shall  be  delivered 
to  the  superintendent  of  streets,  or  county  surveyor,  of  said  municipality, 
or  county,  who  shall,  after  the  contractor  of  any  street  work  has  fulfilled 
his  contract  to  the  satisfaction  of  said  superintendent  of  streets,  or  county 
surveyor,  and  council  or  board,  on  appeal,  if  an  appeal  is  taken,  proceed 
to  estimate  upon  the  lands,  lots  or  portions  of  lots  within  said  assessment 
district,  as  shown  by  said  diagram,  the  benefits  arising  from  such  work, 
and  to  be  received  by  each  such  lot,  portion  of  such  lot,  piece,  or  subdi- 
vision of  land,  and  shall  thereupon  assess  upon  and  against  said  lands  in 
said  assessment  district  the  total  amount  of  the  costs  and  expenses  of  such 
proposed  work,  and  in  so  doing  shall  assess  said  total  sum  upon  the  several 


SUPPLEMENT.  17 

pieces,  parcels,  lots,  or  portions  of  lots,  and  subdivisions  of  land  in  said 
district  benefited  thereby,  to  wit:  upon  each  respectively  in  proportion  to 
the  estimated  benefits  to  be  received  by  each  of  said  several  lots,  portions 
of  lots,  or  subdivisions  of  land.  In  other  respects  the  assessment  shall  be 
as  provided  in  the  next  section  and  the  provisions  of  subdivisions  3,  4,  5, 
6,  7  and  8  of  this  section  shall  not  be  applicable  to  the  work  or  improve- 
ment provided  for  in  this  subdivision. 

§  10.  After  the  contractor  of  any  street  work  has  fulfilled  his  contract 
to  the  satisfaction  of  the  street  superintendent,  or  county  surveyor,  and 
council,  or  board,  on  appeal,  if  an  appeal  is  taken,  the  street  superintendent, 
or  county  surveyor,  shall  make  an  assessment  to  cover  the  sum  due  for  the 
work  performed  and  specified  in  said  contract  (including  any  incidental 
expenses),  in  conformity  with  the  provisions  of  the  preceding  section  ac- 
cording to  the  character  of  the  work  done;  or,  if  any  direction  and  decision 
be  given  by  said  council,  or  board,  on  appeal,  then  in  conformity  with  such 
direction  and  decision,  which  assessment  shall  briefly  refer  to  the  contract, 
the  work  contracted  for  and  performed,  and  shall  show  the  amount  to  be 
paid  therefor,  together  with  any  incidental  expenses,  the  rate  per  front 
foot  assessed,  if  the  assessment  be  made  per  front  foot,  the  amount  of  each 
assessment,  the  name  of  the  owner  of  each  lot  or  portion  of  a  lot  (if  known 
to  the  street  superintendent,  or  county  surveyor,  if  unknown  the  word  "un- 
known" shall  be  written  opposite  the  number  of  the  lot),  and  the  amount 
assessed  thereon,  the  number  of  each  lot  or  portion  or  portions  of  a  lot 
assessed,  and  shall  have  attached  thereto  a  diagram  exhibiting  each  street 
or  street  crossing,  lane,  alley,  place,  or  court,  on  which  any  work  has  been 
done,  and  showing  the  relative  location  of  each  district  lot,  or  portion  of 
Jot  to  the  work  done,  numbered  to  correspond  with  the  numbers  in  the 
assessments,  and  showing  the  number  of  feet  fronting,  or  number  of  lots 
assessed,  for  said  work  contracted  for  and  performed. 

§  11.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be 
signed  by  the  superintendent  of  streets,  or  county  surveyor,  and  counter- 
signed by  the  mayor  of  said  municipality,  or  the  president  of  said  board. 
The  said  warrant  shall  be  substantially  in  the  following  form: 

Form  of  the  Warrant. 
By  virtue  hereof,  I  (name  of  the  superintendent  of  streets)   of  the  city 

of  ,  county  of  ,  (or  county  surveyor  of  county,  or  city  and  county 

of  ),  and  state   of  California,  by  virtue   of   the  authority  vested  in  me 

as  said  superintendent  of  streets,  or  county  surveyor,  do  authorize  and 
empower  (name  of  contractor),  (his  or  their)  agents  or  assigns,  to  demand 
and  receive  the  several  assessments  upon  the  assessment  and  diagram  hereto 
attached,  and  this  shall  be  (his  or  their)  warrant  for  the  same. 

(Date.) 
Countersigned   by    (name   of  mayor   of  municipality   or  president   of   board). 

> 
(Name  of  superintendent  of  streets  or  county  surveyor.) 

Said  warrant,  assessment,  and  diagram,  together  with  the  certificate  of 
the  city  engineer,  or  county  surveyor,  shall  be  recorded  in  the  office  of  said 
superintendent  of  streets,  or  county  surveyor.  When  so  recorded,  the  sev- 
eral amounts  assessed  shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots 
assessed,  respectively,  for  the  period  of  two  years  from  the  date  of  said 


18  CALIFORNIA   STREET   LAWS. 

recording,  unless  sooner  discharged;  and  from  and  after  the  date  of  said 
recording  of  any  warrant,  assessment,  diagram  and  certificate,  all  persons 
mentioned  in  section  13  of  this  act  shall  be  deemed  to  have  notice  of  the 
contents  of  the  record  thereof.  After  said  warrant,  assessment,  diagram, 
and  certificate  are  recorded,  the  same  shall  be  delivered  to  the  contractor, 
or  his  agent,  or  assigns,  on  demand,  but  not  until  after  the  payment  to  the 
said  superintendent  of  streets,  or  county  surveyor,  of  the  incidental  ex- 
penses not  previously  paid  by  the  contractor,  or  his  assigns;  and  by  virtue 
of  said  warrant  said  contractor,  or  his  agent,  or  assigns,  shall  be  authorized 
to  demand  and  receive  the  amount  of  the  several  assessments  made  to 
cover  the  sum  due  for  the  work  specified  in  such  contracts  and  assessments. 
Whenever  it  shall  appear  by  any  final  judgment  of  any  court  of  this  state 
that  any  suit  brought  to  foreclose  the  lien  of  any  sum  of  money  assessed 
to  cover  the  expense  of  said  street  work  done  under  the  provisions  of  this 
act  has  been  defeated  by  reason  of  any  defect,  error,  informality,  omission, 
irregularity,  or  illegality  in  any  assessment  hereafter  to  be  made  and  is- 
sued, or  in  the  recording  thereof,  or  in  the  return  thereof  made  to,  or  re- 
corded by  said  superintendent  of  streets,  or  county  surveyor,  any  person 
interested  therein  may,  at  any  time  within  three  months  after  the  entry 
of  said  final  judgment,  apply  to  said  superintendent  of  streets,  or  county 
surveyor,  who  issued  the  same,  or  to  any  superintendent  of  streets,  or  county 
surveyor,  in  office  at  the  time  of  said  application,  for  another  assessment 
to  be  issued  in  conformity  to  law;  and  said  superintendent  of  streets,  or 
county  surveyor,  shall,  within  fifteen  days  after  the  date  of  said  applica- 
tion, make  and  deliver  to  said  applicant  a  new  assessment,  diagram,  and 
warrant  in  accordance  with  law;  and  the  acting  mayor  of  the  municipality, 
or  president  of  the  board,  shall  countersign  the  same  as  now  provided  by 
law,  which  assessment  shall  be  a  lien  for  the  period  of  two  years  from  the 
date  of  said  assessment,  and  be  enforced  as  provided  in  section  9  of  this 
act. 

§  12.  The  contractor,  or  his  assigns,  or  some  person  in  his,  or  their  be- 
half, shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can  con- 
veniently be  found,  and  demand  payment  of  the  amount  assessed  to  each. 
If  any  payment  be  made  the  contractor,  his  assigns,  or  some  person  in  his 
or  their  behalf,  shall  receipt  the  same  upon  the  assessment  in  presence  of 
the  person  making  such  payment,  and  shall  also  give  a  separate  receipt 
if  demanded.  Whenever  the  persons  so  assessed,  or  their  agents,  cannot 
conveniently  be  found,  or  whenever  the  name  of  the  owner  of  the  lot  is 
stated  as  "unknown"  on  the  assessment,  then  the  said  contractor,  or  his 
assigns,  or  some  person  in  his  or  their  behalf,  shall  publicly  demand  pay- 
ment on  the  premises  assessed.  The  warrant  shall  be  returned  to  the  super- 
intendent of  streets,  or  county  surveyor,  within  thirty  days  after  its  date, 
with  a  return  indorsed  thereon,  signed  by  the  contractor,  or  his  assigns,  or 
some  person  in  his  or  their  behalf,  verified  upon  oath,  stating  the  nature 
and  character  of  the  demand,  and  whether  any  of  the  assessments  remain 
unpaid,  in  whole  or  in  part,  and  the  amount  thereof.  Thereupon  the  super- 
intendent of  streets,  or  county  surveyor,  shall  record  the  return  so  made, 
in  the  margin  of  the  record  of  the  warrant  and  assessment,  and  also  the 
original  contract  referred  to  therein,  if  it  has  not  already  been  recorded 
at  full  length  in  a  book  to  be  kept  for  that  purpose  in  his  office,  and  shall 
sign  the  record.  The  said  superintendent  of  streets,  or  county  surveyor,  is 
authorized  at  any  time  to  receive  the  amount  due  upon  any  assessment  list 


SUPPLEMENT.  19 

and  warrant  issued  by  him,  and  give  a  good  and  sufficient  discharge  there- 
for; provided,  that  no  such  payment  so  made  after  suit  has  been  commenced, 
without  the  consent  of  the  plaintiff  in  the  action,  shall  operate  as  a  com- 
plete discharge  of  the  lien  until  the  costs  in  the  action  shall  be  refunded 
to  the  plaintiff;  and  he  may  release  any  assessment  upon  the  books  of  his 
office,  on  the  payment  to  him  of  the  amount  of  the  assessment  against  any 
lot  with  interest,  or  on  the  production  to  him  of  the  receipt  of  the  party 
or  his  assigns  to  whom  the  assessment  and  warrant  were  issued;  and  if 
any  contractor  shall  fail  to  return  his  warrant  within  the  time  and  in  the 
form  provided  in  this  section  he  shall  thenceforth  have  no  lien  upon  the 
property  assessed;  provided,  however,  that  in  case  any  warrant  is  lost,  upon 
proof  of  such  loss  a  duplicate  can  be  issued,  upon  which  a  return  may  be 
made,  with  the  same  effect  as  if  the  original  had  been  so  returned.  After 
the  return  of  the  assessment  and  warrant  as  aforesaid,  all  amounts  remain- 
ing due  thereon  shall  draw  interest  at  the  rate  of  'ten  per  cent  per  annum 
until  paid. 

§  13.  The  owners,  whether  named  in  the  assessment  or  not,  the  con- 
tractor, or  his  assigns,  and  all  other  persons  directly  interested  in  any  work 
provided  for  in  this  act,  or  in  the  assessment,  feeling  aggrieved  by  any 
act  or  determination  of  the  superintendent  of  streets,  or  county  surveyor, 
in  relation  thereto,  or  who  claim  that  the  work  has  not  been  performed 
according  to  the  contract  in  a  good  and  substantial  manner,  or  having  or 
making  any  objection  to  the  correctness  or  legality  of  the  assessment  or 
other  act,  determination,  or  proceedings  of  the  superintendent  of  streets,  or 
county  surveyor,  shall,  within  thirty  days  after  the  date  of  the  warrant, 
appeal  to  the  council,  or  board,  by  briefly  stating  their  objections  in  writ- 
ing, and  filing  the  same  with  the  clerk  of  said  council,  or  board.  Notice 
of  the  time  and  place  of  the  hearing,  briefly  referring  to  the  work  con- 
tracted to  be  done,  or  other  subject  of  appeal,  and  to  the  acts,  determina- 
tions or  proceedings  objected  to  or  complained  of,  shall  be  published  for 
five  days.  Upon  such  appeal,  the  said  council,  or  board,  may  remedy  and 
correct  any  error  or  informality  in  the  proceedings,  and  revise  and  correct 
any  of  the  acts  or  determinations  of  the  superintendent  of  streets,  or  county 
surveyor,  relative  to  said  work;  may  confirm,  amend,  set  aside,  alter,  modify, 
or  correct  the  assessment  in  such  manner  as  to  them  shall  seem  just,  and 
require  the  work  to  be  completed  according  to  the  directions  of  the  council, 
or  board;  and  may  instruct  and  direct  the  superintendent  of  streets,  or 
county  surveyor,  to  correct  the  warrant,  assessment,  or  diagram  in  any  par- 
ticular, or  to  make  and  issue  a  new  warrant,  assessment,  and  diagram,  to 
conform  to  the  decisions  of  said  council,  or  board,  in  relation  thereto,  at 
their  option.  All  the  decisions  and  determinations  of  said  council,  or  board, 
upon  notice  and  hearing  as  aforesaid,  shall  be  final  and  conclusive  upon  all 
persons  entitled  to  appeal  under  the  provisions  of  this  section,  as  to  all 
errors,  informalities,  and  irregularities  which  said  council,  or  board,  might 
have  remedied  and  avoided;  and  no  assessment  shall  be  held  invalid,  except 
upon  appeal  to  said  council,  or  board,  as  provided  in  this  section  for  any 
error,  informality,  or  other  defect  in  any  of  the  proceedings  prior  to  the 
assessment,  or  in  the  assessment  itself,  where  notice  of  the  intention  of  the 
council,  or  board,  to  order  the  work  to  be  done,  for  which  the  assessment 
is  made,  has  been  actually  published  in  any  designated  newspaper  of  said 
city  for  the  length  of  time  prescribed  by  law,  before  the  passage  of  the 
resolution  ordering  the  work  to  be  done. 


20  'CALIFORNIA   STREET   LAWS. 

§  14.  At  any  time  after  the  period  of  thirty-five  days  from  the  date  of 
the  warrants,  as  herein  provided,  or  if  an  appeal  is  taken  to  said  council, 
or  board,  as  provided  in  section  13  of  this  act,  at  any  time  after  five  days 
from  the  decision  of  said  council,  or  board,  or  after  the  return  of  the  war- 
rant or  assessment,  after  the  same  may  have  been  corrected,  altered,  or 
modified,  as  provided  in  said  section  13  (but  not  less  than  thirty-five  days 
from  the  date  of  the  warrant),  the  contractor  or  his  assignee  may  sue,  in 
his  own  name,  the  owner  of  the  land,  lots,  or  portions  of  lots,  assessed  on 
the  day  of  the  date  of  the  recording  of  the  warrant,  assessment,  and  dia- 
gram, or  any  day  thereafter  during  the  continuance  of  the  lien  of  said  as- 
sessment, and  recover  the  amount  of  any  assessment  remaining  unpaid,  with 
interest  thereon  at  the  rate  of  ten  per  cent  per  annum  until  paid.  And  in 
all  cases  of  recovery  under  the  provisions  of  this  act,  the  plaintiff  shall 
recover  the  sum  of  fifteen  dollars,  in  addition  to  the  taxable  cost  as  attor- 
ney's fees,  but  not  any  percentage  upon  said  recovery.  And  when  suit  has 
been  brought,  after  a  personal  demand  has  been  made  and  a  refusal  to  pay 
such  assessment  so  demanded,  the  plaintiff  shall  also  be  entitled  to  have 
and  recover  said  sum  of  fifteen  dollars,  as  attorney's  fees,  in  addition  to  all 
taxable  costs,  notwithstanding  that  the  suit  may  be  settled  or  a  tender  may 
be  made  before  a  recovery  in  said  action,  and  he  may  have  judgment  there- 
for. Suit  may  be  brought  in  the  superior  court  of  the  county  within  whose 
jurisdiction  the  said  work  has  been  done,  and  in  case  any  of  the  assess- 
ments are  made  against  lots,  portions  of  lots,  or  lands  the  owners  thereof 
cannot,  with  due  diligence,  be  found,  the  service  in  each  of  such  actions  may 
be  had  in  such  manner  as  is  prescribed  in  the  codes  and  laws  of  this  state. 
The  said  warrant,  assessment,  certificate,  and  diagram,  with  the  affidavit  of 
demand  and  nonpayment,  shall  be  held  prima  facie  evidence  of  the  regu- 
larity and  correctness  of  the  assessment  and  of  the  prior  proceedings  and 
acts  of  the  superintendent  of  streets,  or  county  surveyor,  and  council,  or 
board,  upon  which  said  warrant,  assessment,  and  diagram  are  based,  and 
like  evidence  of  the  right  of  the  plaintiff  to  recover  in  the  action.  The 
court  in  which  said  suit  shall  be  commenced  shall  have  power  to  adjudge 
and  decree  a  lien  against  the  premises  assessed,  and  to  order  such  prem- 
ises to  be  sold  on  execution,  as  in  other  cases  of  the  sale  of  real  estate 
by  the  process  of  said  courts;  and  on  appeal,  the  appellate  courts  shall 
be  vested  with  the  same  power  to  adjudge  and  decree  a  lien  and  to  order 
such  premises  to  be  sold  on  execution  or  decree  as  is  conferred  on  the 
court  from  which  an  appeal  is  taken.  Such  premises,  if  sold,  may  be 
redeemed  as  in  other  cases.  In  all  suits  now  pending,  or  hereafter  brought 
to  recover  street  assessments,  the  proceedings  therein  shall  be  governed 
and  regulated  by  the  provisions  of  this  act,  and  also,  when  not  in  conflict 
herewith,  by  the  codes  of  this  state.  This  act  shall  be  liberally  construed 
to  effect  the  ends  of  justice. 

§  15.  The  council,  or  board,  instead  of  waiting  until  the  completion  of 
the  improvement,  may,  in  its  discretion,  and  not  otherwise,  upon  the 
completion  of  two  blocks  or"  more  of  any  improvement,  order  the  street 
superintendent,  or  county  surveyor,  to  make  an  assessment  for  the  pro- 
portionate amount  of  the  contract  completed,  and  thereupon  proceedings 
and  rights  of  collection  of  such  proportionate  amount  shall  be  had  as  pro- 
vided herein. 

§  16.  The  records  kept  by  the  superintendent  of  streets,  or  county  sur- 
veyor in  conformity  with  the  provisions  of  this  act,  and  signed  by  him, 


SUPPLEMENT.  21 

shall  have  the  same  force  and  effect  as  other  public  records,  and  copies 
therefrom,  duly  certified,  may  be  used  in  evidence  with  the  same  effect 
as  the  originals.  The  said  records  shall,  during  all  office  hours,  be  open 
to  the  inspection  of  any  citizen  wishing  to  examine  them,  free  of  charge. 

§  17.  Notices  in  writing  which  are  required  to  be  given  by  the  super- 
intendent of  streets,  or  county  surveyor,  under  the  provisions  of  this  act, 
may  be  served  by  any  person  with  the  permission  of  the  superintendent 
of  streets,  or  county  surveyor,  and  the  fact  of  such  service  shall  be  verified 
by  the  oath  of  the  person  making  it,  taken  before  the  superintendent  of 
streets,  or  county  surveyor,  who  for  that  purpose,  and  for  all  other  pur- 
poses, and  in  all  cases  where  a  verification  is  required  under  the  pro- 
visions of  this  act,  is  hereby  authorized  to  administer  oaths,  or  other 
person  authorized  to  administer  oaths,  or  such  notices  may  be  delivered 
by  the  superintendent  of  streets,  or  county  surveyor,  himself,  who  must 
also  verify  the  service  thereof,  and  who  shall  keep  a  record  of  the  fact 
of  giving  such  notices,  when  delivered  by  himself  personally,  and  also 
of  the  notices  and  proof  of  service  when  delivered  by  any  other  person. 

§  18.  Whenever  any  street,  or  portion  of  a  street,  has  been  or  shall 
hereafter  be  fully  constructed  to  the  satisfaction  of  the  superintendent  of 
streets  or  county  surveyor,  and  of  the  council,  or  board,  and  is  in  good 
condition  throughout  and  a  sewer,  gas-pipes,  and  water-pipes  are  laid 
therein,  under  such  regulations  as  the  council,  or  board,  shall  adopt,  the 
same  shall  be  accepted  by  the  council,  or  board,  by  ordinance,  and  there- 
after shall  be  kept  in  repair  and  improved  by  the  said  municipality,  or 
county  as  herein  directed ;  provided  that  the  council,  or  board,  may  par- 
tially or  conditionally  accept  any  street,  or  portion  of  a  street,  without  a 
sewer,  or  gas-pipes,  or  water-pipes  therein,  if  the  ordinance  of  acceptance 
expressly  states  that  the  council,  or  board,  deems  such  sewer,  or  gas- 
pipes,  or  water-pipes  to  be  then  unnecessary,  but  the  lots  of  land  pre- 
viously, or  at  any  time,  assessable  for  the  cost  of  constructing  a  sewer 
shall  remain  and  be  assessable  for  such  cost,  and  for  the  cost  of  repairs 
and  restoration  of  the  street  damaged  in  the  said  construction,  whenever 
said  council,  or  board,  shall  deem  a  sewer  to  be  necessary,  and  shall 
order  it  to  be  constructed,  the  same  as  if  no  partial  or  conditional  accept- 
ance had  ever  been  made.  The  superintendent  of  streets,  or  county  sur- 
veyor, shall  keep  in  his  office  a  register  -of  all  streets  accepted  by  the 
council,  or  board,  under  this  section,  which  register  shall  be  indexed  for 
easy  reference  thereto. 

§  19.  The  council,  or  board,  shall  have  full  power  and  authority  to  con- 
struct sewers,  gutters,  and  manholes  and  provide  for  the  cleaning  of  the 
same,  and  culverts  or  cesspools,  or  crosswalks  or  sidewalks,  or  any  portion 
of  any  sidewalk  upon  or  in  any  of  such  streets,  avenues,  lanes,  alleys,  courts 
or  places,  and  also  for  drainage  purposes  over  or  through  any  right  of  way 
obtained  or  granted  for  such  purposes,  with  necessary  and  proper  outlet  or 
outlets  to  the  same,  of  such  materials,  in  such  a  manner,  and  upon  such 
terms  as  it  may  be  deemed  proper. 

§  20.  The  said  council,  or  board,  may,  in  its  discretion,  order  by  resolu- 
tion that  the  whole  or  any  part  of  the  cost  and  expenses  of  any  of  the 
work  mentioned  in  this  act  be  paid  out  of  the  treasury  of  the  municipality, 
or  county,  from  such  fund  as  the  council,  or  board,  may  designate.  When- 


22  CALIFORNIA   STREET   LAWS. 

ever  the  work  to  be  done  is  situated  partly  within,  and  partly  without,  the 
municipality,  both  the  council  and  the  board  may,  in  their  discretion,  order, 
by  resolution,  that  the  whole,  or  any  part  of  the  costs  and  expenses  of  the 
work  mentioned  in  this  act,  be  paid  out  of  the  treasury  of  said  municipality, 
or  county,  or  both,  and  when  the  whole  or  a  portion  thereof  is  to  be  paid 
out  of  both,  each  shall  pay  such  proportion  thereof  as  may  be  agreed  upon, 
from  such  funds  as  the  said  council  or  board  may  designate. 

§  21.  Whenever  a  part  of  such  cost  and  expenses  is  so  ordered  to  be  paid, 
the  superintendent  of  streets,  or  county  surveyor,  in  making  up  the  assess- 
ment heretofore  provided  for  such  cost  and  expenses,  shall  first  deduct  from 
the  whole  cost  and  expense  such  part  thereof  as  has  been  so  ordered  to  be 
paid  out  of  the  municipal  treasury  or  county  treasury,  as  the  case  may  be, 
and  shall  assess  the  remainder  of  said  cost  and  expense  proportionately  upon 
the  lots,  parts  of  lots,  and  lands  fronting  on  the  streets  where  said  work 
was  done,  or  liable  to  be  assessed  for  such  work,  and  in  the  manner  hereto- 
fore provided. 

§  22.  The  city  engineer,  or  where  there  is  no  city  engineer,  or  the  pro- 
ceedings hereunder  are  before  the  board  of  supervisors,  the  county,  or  city 
and  county  surveyor  shall  be  the  proper  officer  to  do  the  surveying  and  other 
engineering  work  necessary  to  be  done  under  this  act,  and  to  survey  and 
measure  the  work  to  be  done  under  contracts  for  grading  and  macadamizing 
streets,  and  to  estimate  the  costs  and  expenses  thereof;  ancl  every  certificate 
signed  by  him  in  his  official  character  shall  be  prima  facie  evidence  in  all 
courts  in  this  state  of  the  truth  of  its  contents.  He  shall  also  keep  a  record 
of  all  surveys  made  under  the  provisions  of  this  act,  as  in  other  cases. 

§  23.  The  term  "incidental  expenses,"  as  used  in  this  act,  shall  include 
the  compensation  of  the  city  engineer  or  county  surveyor  for  work  done 
by  him  to  be  fixed  by  said  council  or  board;  also  the  cost  of  printing  and 
advertising  as  provided  in  this  act,  and  not  otherwise.  All  demands  for 
incidental  expenses  mentioned  in  this  section  shall  be  presented  to  the  street 
superintendent,  or  county  surveyor,  bx  itemized  bill,  duly  verified  by  oath 
of  the  demandant. 

§  24.  The  notices,  resolutions,  orders  or  other  matter  required  to  be  pub- 
lished by  the  provisions  of  this  act,  shall  be  published  in  a  daily  newspaper, 
in  municipalities  where  such  there  is,  and  where  there  is  no  daily  newspaper, 
in  a  semi-weekly  or  weekly  newspaper,  to  be  designated  by  the  council,  or 
board,  as  often  as  the  same  is  issued,  and  no  other  statute  shall  govern  or 
be  applicable  to  the  publications  herein  provided  for;  provided,  however, 
that  only  in  case  there  is  no  daily,  semi-weekly  or  weekly  newspaper  printed 
or  circulated  in  any  such  municipality  then  such  notices,  resolutions,  orders 
or  other  matters  as  are  herein  required  to  be  published  in  a  newspaper,  shall 
be  posted  and  kept  posted  for  the  same  length  of  time  as  required  herein 
for  the  publication  of  the  same  in  a  daily,  semi-weekly  or  weekly  newspaper, 
in  three  of  the  most  public  places  in  such  municipality.  Proof  of  the  publi- 
cation or  posting  of  any  notice  provided  for  herein  shall  be  made  by  affidavit 


SUPPLEMENT.  23 

of  the  owner,  publisher  or  clerk  of  the  newspaper,  or  of  the  poster  of  the 
notice.  No  publication  or  notice,  other  than  that  provided  for  in  this  act, 
shall  be  necessary  to  give  validity  to  any  of  the  proceedings  provided  for 
herein. 

§  25.  Whenever  the  words  "council"  or  "board"  are  used  herein  only 
that  word  applying  to  the  body  before  which  the  proceedings  are  pending 
shall  be  used  in  the  reading  and  construction  of  the  provisions  of  this  act  in 
relation  to  proceedings  before  such  body.  The  word  "council"  is  hereby 
declared  to  include  any  body  or  board  which,  under  the  law  is  the  legislative 
department  of  the  government  of  any  municipality.  The  word  "board"  is 
hereby  declared  to  include  the  board  of  supervisors  of  any  county,  or  city 
and  county. 

§  26.  The  words  "superintendent  of  streets,"  "street  superintendent"  or 
"city  engineer"  used  herein,  shall  be  used  in  the  application  and  construction 
of  this  act  only  when  the  resolution  of  intention  and  the  proceedings  are 
under  the  jurisdiction  of  the  council  of  the  municipality,  and  this  act  shall 
then  be  read  and  construed  as  if  the  words  "or  county  surveyor,"  were 
not  incorporated  herein,  and  when  the  resolution  of  intention  and  the  pro- 
ceedings are  under  the  jurisdiction  of  the  board  of  supervisors,  the  county 
surveyor  shall  perform  all  of  the  acts  and  duties  herein  required  of  the 
superintendent  of  streets  and  city  engineers,  and  this  act  shall  be  read  and 
construed,  when  said  proceedings  are  under  the  jurisdiction  of  the  board  of 
supervisors,  as  if  the  said  words  "street  superintendent,"  "superintendent  of 
streets"  and  "city  engineer"  were  not  incorporated  herein,  and  the  words 
"county  surveyor"  only  were  used. 

§  27.  The  words  "work,"  "improved"  and  "improvement,"  as  used  in  this 
act  shall  include  all  work  mentioned  in  this  act,  and  also  the  construction, 
reconstruction  and  repairs  of  all  or  any  portion  of  said  work. 

§  28.  The  word  "municipality,"  as  used  in  this  act,  shall  be  understood 
and  so  construed  as  to  include  and  is  hereby  declared  to  include,  all  corpora- 
tions heretofore  organized  and  now  existing,  and  those  hereafter  organized, 
for  municipal  purposes. 

§  29.  The  words  "paved"  or  "repaved,"  as  us«d  in  this  act,  shall  be  held 
to  mean  and  include  pavement  of  stone,  whether  paving  blocks  or  macadam- 
izing, or  of  bituminous  rock  or  asphalt,  or  of  iron,  wood  or  other  material, 
whether  patented  or  not,  which  the  council  or  board  shall  by  ordinance  adopt. 

§  30.  The  word  "street,"  as  used  in  this  act,  shall  be  deemed  to,  and  is 
hereby  declared  to,  include  avenues,  highways,  lanes,  alleys,  crossings,  or 
intersections,  courts  and  places,  and  the  term  "main  street"  means  such 
actually  opened  street  or  streets  as  bound  a  block;  and  the  word  "blocks" 
whether  regular  or  irregular,  shall  mean  such  blocks  as  are  bounded  by 
main  streets,  or  partially  by  a  boundary  line  of  the  municipality. 

§  31.  The  terms  "street  superintendent"  and  "superintendent  of  streets," 
as  used  in  this  act,  shall  be  understood  and  so  construed  as  to  include,  and 


24  CALIFORNIA   STREET   LAWS. 

are  hereby  declared  to  include,  any  person  or  officer  whose  duty  it  is,  under 
the  law,  to  have  the  care  or  charge  of  the  streets,  or  the  improvement  thereof 
in  any  municipality.  In  all  those  municipalities  where  there  is  not  a  street 
superintendent  or  superintendent  of  streets  the  council  thereof  is  hereby  author- 
ized and  empowered  to  appoint  a  suitable  person  to  discharge  the  duties  herein 
laid  down  as  those  of  street  superintendent,  or  superintendent  of  streets;  and 
all  provisions  hereof  applicable  to  the  street  superintendent,  or  superintendent 
of  streets  shall  apply  to  such  person  so  appointed. 

§  32.  The  term  "clerk"  as  used  in  this  act,  is  hereby  declared  to  include 
any  person  or  officer  who  shall  be  clerk  of  the  said  council,  or  board. 

§  33.  The  term  "quarter  block"  as  used  in  this  act  as  to  irregular  blocks, 
shall  be  deemed  to  include  all  lots  or  portions  of  lots  having  any  frontage 
on  either  intersecting  street  halfway  from  such  intersection  to  the  next 
main  street  or,  when  no  main  street  intervenes  within  six  hundred  feet  of 
such  intersection,  only  those  lots  or  portions  of  lots  or  lands  within  a  dis- 
tance of  three  hundred  feet  therefrom  shall  be  considered  as  being  within 
the  quarter  block. 

§  34.  The  term  "one  year,"  as  used  in  this  act,  shall  be  deemed  to  include 
the  time  beginning  with  January  first  and  ending  with  the  thirty-first  day 
of  December  of  the  same  year. 

§  35.  That  said  act  shall  take  effect  and  be  in  force  immediately  upon 
its  passage. 


3.     An  Act  Eelating  to  the  Opening  of  Streets  Through  Cemeteries. 
[Approved  April  24,  1911.     Stats.  1911,  p.  1100.] 

§  1.  No  streets,  alleys  or  roads  shall  be  opened  or  laid  out  within  the 
boundary  lines  of  any  cemetery  located  in  whole  or  in  part  within  the  lines 
of  any  city  or  city  and  county  of  this  state,  where  burials  have  been  had 
within  five  years  prior  thereto,  without  the  consent  of  the  corporation  or 
association  owning  and  controlling  such  cemetery. 


SUPPLEMENT.  25 


II.     TEXT  OF  CHARTER  PROVISIONS. 

1.  Los  Angeles,  p.  25. 

2.  Palo  Alto,  p.  25. 

3.  Petaluma,  p.  25. 

4.  Pomona,  p.  26. 

5.  Santa  Barbara,  p.  27. 

6.  Santa  Cruz,  p.  27. 

7.  Vallejo,  p.  27. 

1.  Los  Angeles. 
(Stats.  1911,  p.  2051.) 

Section  2.  The  city  of  Los  Angeles,  in  addition  to  any  other  powers  now 
held  by,  or  that  may  hereafter  be  granted  to  it  under  the  constitution  or 
laws  of  the  state,  shall  have  the  right  and  power: 

(13)  To  establish,  lay  out,  open,  extend,  widen,  narrow,  or  vacate,  pave 
or  repave,  or  otherwise  improve  streets,  lanes,  alleys,  boulevards,  cross- 
ings, courts,  and  other  highways  and  public  places. 

[The  other  sections  are  unchanged.] 


2.  Palo  Alto. 
(Stats.  1911,  p.  2040.) 

Article  IX,  section  13a.  The  city  of  Palo  Alto  shall  have  the  power  to 
repair  or  improve  all  streets  or  avenues  in  said  city  upon  which  street  rail- 
way tracks  are  laid  between  the  rails  of  said  tracks  and  for  two  feet  on 
either  side  thereof;  said  city  shall  also  have  the  power  to  repair  all  excava- 
tions made  in  streets  by  any  public  service  corporation,  company  or  person. 
All  said  work  done  by  the  city  on  account  of  street  railways  or  excavations 
to  be  a  lien  upon  any  property  of  the  corporation,  company  or  person  on 
whose  account  the  work  is  done.  The  person,  company  or  corporation  own- 
ing or  operating  any  street  railway  in  said  city  shall  pay  to  the  city  one- 
third  of  the  annual  cost  of  watering,  oiling,  or  otherwise  treating  such  streets 
for  laying  dust  thereon.  The  council  shall  have  power  to  adopt  ordinances 
for  the  purpose  of  carrying  out  and  enforcing  this  provision. 

[This  is  an  additional  provision.] 

3.  Petaluma. 
(Stats.  1911,  p.  1799.) 

Article  III,  section  21.  The  council  shall  have  the  power  by  ordinance 
which  shall  not  be  in  conflict  with  any  street  (state)  law  now  on  the  stat- 
utes of  the  state  of  California  or  which  in  the  future  will  be  placed  on  the 
statutes  of  this  state  and  such  ordinance  may  embrace  all  the  powers  as  are 
granted  by  any  state  law  now  in  existence  or  which  shall  be  in  the  future 


26  CALIFORNIA   STREET   LAWS. 

in  existence:  To  establish  and  change  the  grade  and  lay  out,  open,  extend, 
widen,  change,  pave,  repave,  or  otherwise  improve  all  public  streets  and 
highways  and  public  places,  construct  sewers,  drains  and  culverts,  to  plant 
trees,  construct  parking,  and  to  remove  shrubs  and  weeds,  or  cause  objec- 
tionable shrubs  and  weeds  or  any  manner  of  uncleanliness  or  obstruction  to 
be  removed  and  compel  the  owner  of  the  property  to  pay  for  such  removal, 
to  levy  special  assessments  to  defray  the  whole  or  any  part  of  the  cost  of 
such  works  or  improvements.  Also  to  provide  for  the  repair,  cleaning,  and 
sprinkling  of  such  streets  and  public  places. 

Article  III,  section  53.  To  establish  or  change  the  grade  of  any  street  or 
public  place. 

Article  III,  section  58.  To  require  every  railroad  company  to  keep  the 
streets  in  repair  between  the  tracks,  and  along  and  within  the  distance  of 
two  feet  upon  each  side  of  the  track  occupied  by  the  company,  and  to 
sprinkle  the  same. 

Article  III,  section  68.  In  the  absence  of  any  procedure  for  carrying  out  or 
effectuating  any  granted  or  implied  power  or  authority,  the  general  law  of  this 
state  where  applicable  and  where  not  inconsistent  with  any  express  provision, 
of  this  charter  shall  prevail  and  shall  be  followed. 


4.  Pomona. 
(Stats.  1911,  p.  1913.) 

Section  52.  Without  denial  or  disparagement  of  other  powers  held  under 
the  constitution  and  laws  of  the  state,  the  city  of  Pomona  shall  have  the 
right  and  power: 

46.  To   provide  by  ordinance   for  the   planting,   maintenance,   or   care   of 
shade  and  ornamental  trees  in  streets  and  other  public  places,  and  for  the 
removal  of  unsightly  and  dead  trees  therefrom;  and  to  make  the  cost  thereof 
a  lien  and  charge  upon  the  abutting  property,  and  to  make  provision  for  the 
enforcement  of  such  lien. 

47.  To  build  and  repair  bridges;   to  establish,  lay  out,  alter,  keep  open, 
close,  improve  and  repair  streets,  sidewalks,  alleys,  squares  and  other  public 
highways  and  places  within  the  city;   to   drain,  sprinkle,  oil  and  light  the 
same;  to  remove  all  obstructions  therefrom,  to  establish  or  change  the  grades 
thereon;  to  grade,  pave,  macadamize,  gravel  and  curb  the  same,  in  whole  or 
in  part,  and  to  construct  gutters,  culverts,  sidewalks  and  crosswalks  thereon 
or  on  any  part  thereof;  to  cause  to  be  planted,  set  out  and  cultivated,  shade 
trees  therein;  and  generally,  to  manage  and  control  all  such  highways  and 
places;  and  in  the  exercise  of  the  powers  herein  granted,  to  expend  in  their 
discretion,  the  ordinary  annual  income  and  revenue  of  the  municipality  in 
payment  of  the  costs  and  expenses  of  the  whole  or  any  part  of  such  work 
or  improvement. 

56.  To  require  every  railroad  to  keep  the  streets  in  repair  between  the 
tracks,  and  along  and  within  the  distance  of  two  feet  upon  each  side  of  the 
tracks  occupied  by  the  company,  and  to  sprinkle  the  same. 

67.  In  the  absence  of  any  procedure  for  carrying  out  or  effectuating  any 
granted  or  implied  power  or  authority,  the  general  law  of  this  state  where 


SUPPLEMENT.  27 

applicable  and  where  not  inconsistent  with  any  express  provision  of  this 
charter  shall  prevail  and  shall  be  followed. 

128.  Except  as  provided  herein  and  unless  otherwise  provided  by  ordi- 
nance, the  general  law  of  the  state  of  California  relative  to  the  improvement 
of,  and  work  upon  streets,  lanes,  alleys,  courts,  places  and  sidewalks,  includ- 
ing the  construction  of  sewers  and  providing  for  the  laying  out,  opening, 
extending,  widening,  straightening  or  closing  up  in  whole  or  in  part  of  any 
street,  square,  lane,  alley,  court  or  place  within  municipalities,  and  to  con- 
demn and  acquire  any  and  all  land  and  property  necessary  and  convenient 
for  that  purpose;  and  for  providing  a  system  of  street  improvement  bonds 
to  represent  certain  assessments  for  the  cost  of  street  work  and  improve- 
ments within  municipalities,  and  to  provide  for  the  payment  of  such  bonds; 
and  providing  for  the  planting,  maintenance  and  care  of  shade  trees  upon 
streets,  lanes,  alleys,  courts  and  places  within  municipalities,  and  of  hedges 
upon  the  lines  thereof,  and  for  the  eradication  of  weeds  within  city  limits, 
now  in  force,  or  which  may  hereafter  be  adopted  by  the  legislature  of  this 
state  is  hereby  made  a  part  of  this  charter,  and  shall  govern  the  council  in 
euch  matters. 

5.  Santa  Barbara. 
(Stats.  1911,  p.  1478.) 

Section  43.  The  council  shall  have  power:  1.  To  establish  or  alter  the 
widths  and  grades  of,  and  to  open,  lay  out,  alter,  extend,  close,  straighten, 
and  otherwise  regulate  streets,  avenues,  alleys,  lanes  and  sidewalks  and 
crosswalks  upon  the  same,  and  in  or  over  any  plaza,  park  or  grounds  be- 
longing to  or  under  the  control  of  the  city,  and  to  provide  for  acceptance 
of  the  streets  when  constructed  and  completed  in  accordance  with  such 
regulations  as  the  council  may  adopt. 

6.  To  provide  for  and  regulate  street  pavements,  crosswalks,  curbstones, 
grades,  gutters,  sewers  and  cleaning  and  watering  of  streets. 

[The  other  provisions  are  unchanged.] 


6.  Santa  Cruz. 
(Stats.  1911,  p.  1861.) 

Article  IT,  section  14.  To  establish  and  change  the  grade  and  to  lay  out, 
open,  extend,  widen,  narrow,  change,  vacate,  pave,  repave,  gravel,  surface, 
resurface,  improve,  and  keep  in  order  streets,  alleys,  highways,  sidewalks, 
and  crossings  and  public  squares,  parks,  and  places. 

[The  other  provisions  are  unchanged.] 

7.  Vallejo. 
(Stats.  1911,  p.  1958.) 

Section   49 In  addition  to   all   such  powers,  the  council,  subject 

to  the  provisions  and  restrictions  of  this  charter,  shall  have  power: 
(44)  To  establish  or  change  the  grade  of  any  street  or  public  place. 


28  CALIFORNIA   STREET   LAWS. 

(45)  To   order  the  whole  or  any  portion,  either  in   length   or   width,   of 
any  street,  avenue,  lane,  alley,  court,  public  place,  or  sidewalk  within  the 
city  of  Vallejo  to  be  graded  or  regraded  to  the  official  grade,  planked  or 
replanked,  paved  or  repaved,  macadamized  or  remacadamized,  graveled  or 
regraveled,  piled  or  replied,  capped   or  recapped,  oiled  or  reoiled,   sewered 
or  resewered,  and  to  order  sidewalks,  manholes,  culverts,  bridges,  cesspools, 
gutters,  tunnels,  curbing  and  crosswalks  to  be  constructed  therein  or  thereon, 
and  to  order  storm-water  ditches  and  channels,  breakwaters,  levees  or  walls 
of  rock  or  other  material  to  protect  the  same  from  overflow  or  injury,  and 
to  order  any  other  work  to  be  done  which  shall  be  necessary  to  complete  the 
work  or  any  portion   of  said   streets,  avenues,  lanes,   alleys,   courts,  public 
places,  or  sidewalks;  also  to  order  any  other  work  or  improvement  therein 
or  thereon;  to  provide  for  th'e  care  of  shade  trees  planted  therein  or  thereon, 
and  to  cause  shade  trees  to  be  planted,  set  out  and  cultivated  therein  or 
thereon,  and  also  to  order  a  sewer  or  sewers,  with  outlets,  for  drainage  or 
sanitary  purposes  in,  on,  over,  or  through  private  property.     Whenever,  in 
the  judgment  of  the  council,  the  cost  and  expense  of  any  of  the  foregoing 
improvements  should  be  paid  by  special  assessment  on  private  property,  the 
general  laws  of  the  state  of  California  in  force  at  the  time  of  the  improve- 
ment shall  govern  and  control,  and  all  proceedings  shall  be  in  conformity 
thereto. 

(46)  To  order  the  opening,  extending,  widening,  straightening  or  closing 
of  any  street,  lane,  alley,  court,  or  public  place  within  the  city  or  over  the 
tide  land  or  lands  within  the  city  covered  by  the  waters  of  the  Mare  Island 
Straits,  and  to  condemn  or  acquire  any  and  all  property  necessary  or  con- 
venient for  that  purpose.     Whenever,  in  the  judgment  of  the   council   the 
cost  and  expense  of  any  of  the  foregoing  improvements  should  be  paid  by 
special   assessment   on   private  property,  the   general   laws   of   the   state   of 
California  in  force  at  the  time  of  the  improvement  shall  govern  and  control, 
and  all  proceedings  shall  be  in  conformity  thereto,  except  that  no  commis- 
sioner,  secretary   or   attorney   shall  be    appointed,   and   that  all   the   duties 
imposed  on  commissioners,  secretaries  and  attorneys  under  the  general  law 
shall  be  performed  under  the  direction  of  the  commissioner  of  public  works 
and  the  city  attorney  of  the  city,  neither  of  whom  shall  receive  compensation 
therefor;  provided,  that  nothing  contained  in  this  subdivision  shall  be  con- 
strued as  affecting  any  pending  proceeding.     To    make    provision    for    the 
deposit  with  the  treasurer,  by  any  person,  firm  or  corporation  desiring  to  open 
any  sidewalk,  street,  alley,  lane,  court,  park  or  other  public  place,  for  the 
purpose  of  laying  or  removing  any  pipe,  wire,  conduit,  sewer  or  other  struc- 
ture therein,  of  moneys  sufficient  to  cover  the  cost  of  refilling  and  covering 
such  opening  and  restoring  the  sidewalk,  street,  lane,  alley,  court,  park  or 
other  public  place  to  the  condition  in  which  it  was  before  such  opening  was 
made,   and  to   provide  for  the   doing  of   such  work  at  the   expense   of  the 
person,  firm  or  corporation  making  such  opening,  such  expense  to  be  paid 
out  of  such  deposit. 

[This  is  a  new  charter,  and  supersedes  the  old  charter  discussed  in  the 
text.] 


•T*™™ 

UNIVERSITY  dF  CALIFORNIA 
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